Paralegal barred for attempting to cover up missed emails

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By Sophie Dillon on

11

Isolated incident


A paralegal has been barred from working in the legal profession after attempting to cover up missed email reminders.

Phoebe Bird, who worked at the Exeter office of national firm Ashfords, was employed in the firm’s commercial team between February 2021 and November 2023. Her role involved sending regular reminders to clients about trademark renewals.

In October 2023 she was asked to check whether a client had responded to renewal reminders and save the relevant correspondence to the client’s file. Bird had, however, not sent any reminders to the client.

Rather than owning up to the error she amended a draft email to make it appear that it, and two other emails, had been sent to the client in December 2022, January 2023 and March 2023. She sent this email chain to herself and added it to the client’s file, before replying to her supervisor telling her that she had not received any response from the client.

She was caught out after a review of the client file, during which the firm became concerned about the chain of emails and launched an internal investigation. The firm’s IT department then revealed that the emails had never been sent. Less than a week later she was no longer working at the firm.

In a decision made by way of agreed outcome, Bird acknowledged that her conduct was dishonest and intended to “mislead” both her supervisor, and anyone reading the client file.

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For her actions, the Solicitors Regulation Authority (SRA) issued Bird with a section 43 order, which prevents her from working in legal practice without prior approval from the regulator.

The SRA took into account that Bird, who was a registered paralegal member of the Chartered Institute of Trade Mark Attorneys at the time, expressed remorse and that her actions were an isolated incident. The regulator acknowledged that her conduct caused no actual harm to the client but stated that her dishonesty undermined public trust in the legal profession, and made it “undesirable for her to be involved in legal practice”.

She was also ordered to pay £300 in costs.

11 Comments

Okay Cool

Okay cool – but just slaps on the wrists for misdoing partners?

Okay Coral

Which bit of dishonesty is hard for you to grasp?

Shsh

Tough on juniors and paralegals, soft on partners. Which part of this is hard for you to grasp?

Best candidate for the job

@Ashfords if you’re looking for a new hire I now have 6.5 months of paralegal experience and can speak three languages

Hmm

It’s weird it’s always small firms doing this. I wonder if they do it to get some advertisement. I mean, it’s definitely not advertisement for junior staff. You have to think about the environment these people are in where they are too afraid to admit to a small mistake

Archibald O'Pomposity

“It’s weird it’s always small firms doing this”

Let me explain this to you as if you were five (known as ‘ELI5’ on Reddit, where you spend most of your time).

This was an act of dishonesty. Solicitors and legal firms are required to report any serious breaches of regulatory obligations, such as dishonesty, to the SRA. This is the key mechanism for keeping lawyers and legal firm employees honest and maintaining a trustworthy image of the profession. Without this mechanism, instances of lying, cheating and fraud would be far more commonplace and trust in the profession would be thoroughly eroded.

By contrast, reports of decisive action such as this instil confidence in the key stakeholders of lawyers and legal firms that those who work there, however tempted they might be to act dishonestly, have a strong disincentive.

Anonymous

Why is it so hard for someone to send an email? Never understand why risking a career is worth something like this.

SEA

It’s actually really easy to forget. People do it all the time especially if it’s a slow moving matter. It is sad she risked her career for this, but I also think not having any empathy for junior people in this profession is just enabling SRA’s witch hunt of trainees/paralegals/NQs.

Archibald O'Pomposity

I agree that having no empathy is a poor way to live. For all we know, this may be the only dishonest conduct she has committed at work.

Many lawyers and legal staff who foul of regulation have been overworked, or have a lot of personal issues we don’t know about, or simply can’t bear to accept the consequences of their breach, so they take the risk.

Many people in unregulated industries have been equally dishonest in their working lives, but they don’t view it as equivalent, and they don’t get held to account.

But empathy aside, those in the legal profession need to be held to a high standard.

Anti SO

So the SRA will bar people for this, but not for sexual misconduct, especially against juniors? Lol…

Anonymous

The SRA are a joke, I’m Irish but see these stories all the time. They seem to just apply a complete strict liability for any infraction that they think includes an element of ‘dishonesty’’, no matter how immaterial or whether a client is involved whatsoever. It’s a nonsense.

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