3 September 2020
Charges of professional misconduct:
- Failed to maintain high standards of professional and personal conduct and justify public trust in herself, her profession and the provision of legal services by engaging in conduct that could undermine or affect adversely the confidence and trust placed in her and her profession by her clients, her employer, 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 integrity, contrary to Principle 3, Outcomes 3.1 and 3.2 of the CILEx Code of Conduct 2015;
in that, in order to cover up a mistake on a personal injury matter, Elaine Marshall, whilst a Fellow of CILEx employed by Waldrons Solicitors Ltd, created a court claim form and court order and misled her client and colleagues as to the true nature of a settlement.
Ms Marshall paid £1,200 from her own funds to increase the settlement to her client. She admitted forging the documents and acting dishonestly when her employer became suspicious.
Consequently, on 6 March 2018 Ms Marshall was dismissed for gross misconduct and on 18 March 2020, made the subject of a control order under Section 43 of the Solicitors Act 1974 by the Solicitors Regulation Authority, who found it undesirable for her be involved in legal practices regulated by them.
- Whilst a Fellow of CILEx, failed to comply with her legal and regulatory obligations and deal with her regulator openly, promptly and co-operatively, contrary to Principle 4, Outcome 4.1of the CILEx Code of Conduct 2015;
- Failed to behave with honesty and/or integrity, contrary to Principle 3 of the CILEx Code of Conduct 2015;
in that, from April 2019, Elaine Marshall, whilst a Fellow of CILEx failed to declare to CILEx Regulation that she was subject to an investigation and/or proceedings concerning her fitness to practise by another regulator, namely the Solicitors Regulation Authority, in breach of Rules 11(1)(g) and 12(2) of the CILEx Regulation Enforcement Rules 2018 and 2019.
The CILEx Regulation Disciplinary Tribunal (DT) found the charges of professional misconduct against Ms Marshall proved on the balance of probabilities.
Sanction – Indefinite exclusion
The DT ordered Ms Marshall’s immediate exclusion from CILEx membership for an indefinite period.