Date
26 November 2019

Charges
The CILEx Regulation Disciplinary Tribunal considered the following 3 charges of professional misconduct against Mr Clarke:

Charge 1

Raymond Spencer George Clarke:

  • Failed to uphold the rule of law and the impartial administration of justice by knowingly or recklessly allowing the court to be misled, contrary to: Principle 1 outcome 1.2 of the CILEx Code of Conduct 2015; and
  • Failed to maintain high standards of professional and personal conduct and justify public trust in himself, his profession and the provision of legal services by engaging in conduct that could undermine or affect adversely the confidence and trust placed in him and his profession by his client, professional colleagues, the public and others, contrary to: Principle 2, Outcome 2.2 of the CILEx Code of Conduct 2015.

The particulars were that:

  • Raymond Spencer George Clarke, a while a Graduate member of CILEx, unlawfully engaged in the reserved activity of conducting litigation whilst he was neither an authorised nor exempt person within the meaning of the Legal Services Act 2007 in that:
  • on or about 22 August 2016 he filed and served a Notice of Change of Legal Representative when acting for the Defendant (Mr GM) in proceedings in the County Court Money Claims Centre, Claim Number C22YM791; and
  • on a day unknown after 22 August 2016 filed at Court in the said proceedings a Defence and Counterclaim prepared and/or signed by him as legal representative on behalf of the Defendant.

Charge 2:

Raymond Spencer George Clarke:

  • Failed to maintain high standards of professional and personal conduct and justify public trust in himself, his profession and the provision of legal services by engaging in conduct that could undermine or affect adversely the confidence and trust placed in him and his profession by his client, professional colleagues, the public and others, contrary to: Principle 2, Outcome 2.2 of the CILEx Code of Conduct 2015;
  • Failed to behave with honesty and/or integrity by holding himself out as having a qualification or professional status that he did not possess, contrary to: Principle 3 Outcome 3.5 of the CILEx Code of Conduct 2015; and
  • Failed to comply with his legal and regulatory obligations by understanding and complying with the law applicable to him, contrary to: Principle 4 Outcome 4.1 of the CILEx Code of Conduct 2015

The particulars were that:

  • On or about 19 August 2016 in the course of a Terms of Business letter to his client Mr GM, a Defendant in court proceedings in the County Court Money Claims Centre, Claim Number C22YM791, Raymond Spencer George Clarke misrepresented to his said client that he was qualified, or had the professional status to conduct litigation, when in fact he was neither an authorised nor exempt person within the meaning of the Legal Services Act 2007 entitling him to do so.

Charge 3

Raymond Spencer George Clarke:

  • Failed to act competently in the best interests of his client by acting in a matter in which he did not have the right or authority to act, contrary to: Principle 5 Outcome 5.6 of the CILEx Code of Conduct.

The particulars were that:

  • From and after August 2016 Raymond Spencer George Clarke, then a Graduate member of CILEx acted for a client (Mr GM) in the matter of his Defence and Counterclaim to court proceedings in the County Court Money Claims Centre, Claim Number C22YM791, whereby such conduct:-
  • constituted the unlawful conduct of litigation, a reserved activity under the Legal Services Act 2007; and/or
  • was outside his professional competence.

Outcome
The Tribunal upheld all three charges of misconduct against Mr Clarke.

Whilst the Tribunal did not make a specific finding of dishonesty against him, it did find that he failed to behave with integrity by holding himself out as having a professional status that he did not possess.

Sanction

The Tribunal ordered that Mr Clarke be excluded from CILEx for 6 months. He will not automatically be re-admitted to the Chartered Institute and will have to re-apply for membership of CILEx.

A full copy of the DT order is available here