6 August 2020
Rosemary June Yates:
- 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; and
- Failed to act competently in the best interests of her client by failing to provide prompt, clear and accurate information and advice to her client and failing to advise them openly and honestly, contrary to Principle 5, Outcome 5.8 of the CILEx Code of Conduct 2015;
In that, whilst a Fellow of CILEx and employed as a Legal Executive at Jarmans Solicitors of Sittingbourne, Kent, she:
- Failed to progress a probate matter and provided false information to third parties regarding its progress; and
- Created and backdated a letter on another probate matter to give the impression that she had communicated with a client when she had not; and
In consequence, on 27 April 2020, was made the subject of a control order under section 43 of the Solicitors Act 1974 by the Solicitors Regulation Authority (SRA), which restricts her ability to be involved in SRA-regulated legal practice.
Ms Yates admitted the allegations of misconduct and, in accordance with Rule 18 of the Enforcement Rules 2019, agreed to determine the allegations by consent and accept a sanction available to the CILEx Regulation Disciplinary Tribunal.
Sanction – Exclusion – fixed period
Rosemary June Yates agreed to be excluded from CILEx membership for a minimum period of three years, without automatic reinstatement. The sanction was approved by the Professional Conduct Panel in accordance with Rule 18(3) of the Enforcement Rules 2019.