Date

10 September 2020

Allegations

Simon Whiting, a Fellow of CILEx, admitted the following allegations of professional misconduct:

Allegation 1

In or around October 2019, Simon Whiting signed and hand delivered a letter to a member of the public’s home. The letter was written by a third party and falsely purported that Mr Whiting was acting for two clients. Mr Whiting delivered the letter using a court envelope provided by the third party, who intended to mislead the member of public as to the origin and/or contents of the letter. In doing so, Mr Whiting:

  • 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 employer, professional colleagues the public and others, contrary to Principle 2, outcome 2.2 of the CILEx Code of Conduct 2015;

and

  • failed to behave with integrity, contrary to Principle 3 of the CILEx Code of Conduct 2015.

Allegation 2

On 20 November 2019, when asked by a member of the public about his involvement in signing and delivering a legal letter to his home using a court envelope, Simon Whiting denied being aware of a legal letter being sent, even though he had approximately one month prior, signed the letter referred to, and hand delivered it to the individual’s home address. In denying his awareness of the letter, Simon Whiting:

  • 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 of affect adversely the confidence and trust placed in him and his profession by his employer, professional colleagues the public and others, contrary to Principle 2, outcome 2.2 of the CILEx Code of Conduct 2015;

and

  • failed to behave with integrity, contrary to Principle 3 of the CILEx Code of Conduct 2015.

Outcome

Mr Whiting 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

Simon Whiting received a reprimand for his breaches of the CILEx Code of Conduct and a warning as to his future conduct. He must in future take steps to ensure that he can justify his actions against the CILEx Code of Conduct and have compliance with the Code at the forefront of his mind in all aspects of his professional life and other dealings in which he makes use of his CILEx credentials. Further breaches of the Code may result in further disciplinary action.

Mr Whiting must also give CILEx Regulation an undertaking within 14 days of the DBC to provide:

  • satisfactory evidence of his completion, since 23 July 2020, of a training course approved by CILEx Regulation, covering Ethics, Professionalism and Judgement;

and

  • satisfactory evidence, to be assessed by CILEx Regulation and/or an independent assessor on CILEx Regulation’s behalf, that he has reflected on the training.

A failure by Mr Whiting to provide the undertaking and/or satisfactory evidence of his completion of and reflection on the training course by 31 December 2020 may result in further disciplinary action.

The sanction was approved by the Professional Conduct Panel in accordance with Rule 18(3) of the Enforcement Rules 2019.