Trainee solicitor disqualified for misleading firm about reasons for taking annual leave

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By Sophie Dillon on

67

Costly mistake


A trainee solicitor has been disqualified from the legal profession after misleading her firm about the reason for requesting annual leave.

Stephanie Merrill worked as a medical legal assistant at Lanyon Bowdler’s Shrewsbury office for two years before beginning her training contract in September 2022.

Less than three weeks into her training, on 23 September, Merrill requested annual leave for 3 October, claiming that she needed to accompany a relative to a hospital appointment.

But according to a decision notice published by the regulator, the firm later discovered that, on the same date, Cheshire East Council had secured a court injunction against the trainee for planning breaches on the land she occupied.

The firm launched an investigation into the reason Merrill had taken annual leave. The rookie signed a statement of truth explaining that she only found out about the court hearing after agreeing to take her relative to the hospital, which was the reason for her requesting time off in the first place.

She explained that she had only decided on 2 October to attend the court hearing and informed her relative on the same day that she could no longer accompany them to the hospital.

Doubling down, Merrill repeated this account during a disciplinary hearing and provided a copy of a hospital letter addressed to her relative, confirming the details of their appointment on 3 October.

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The trainee solicitor was ultimately dismissed for gross misconduct, with the firm convinced she had attempted to mislead it about the reason for her annual leave request.

When the regulator became involved, Merrill eventually admitted to misleading the firm. She also admitted to providing it with an edited version of her relative’s appointment letter in which the date of the appointment had been changed to show it as being on 3 October rather than the true date of the appointment, 4 October.

The SRA found that Merrill’s conduct breached principles of honesty, integrity, and public trust. She was disqualified under section 99 of the Legal Services Act 2007, barring her from holding roles such as head of legal practice, head of finance, manager, or employee in any SRA-regulated law firm.

The SRA noted that Merrill’s actions undermined trust in the legal profession, making her “undesirable” to be involved in legal practice.

Merrill was also ordered to pay £600 in investigation costs.

67 Comments

Congrats SRA....

… you have done it again.

D Scrace

Got off lightly with only £600 costs…

Anonymous

So you think being ‘a little bit dishonest’ is OK for a trainee solicitor?

The last ‘little’ dishonest solicitor I exposed got sent down for 6 months for attempting to launder £80 million. Wake up!

Crumble

You know the AvenueQ song “Everyone’s a little bit racist”?

Perhaps we should write a song called “Everyone’s a little bit dishonest”.

Can you, hand on heart, say that you have NEVER been dishonest in any way, shape or form?

Even a little white lie “oh darling I love what you’ve done with your hair!” to keep the peace?

[not] The SRA

Please provide your full details and those of the firm for which you work.

As you have admitted dishonest conduct, it is only right that you be struck off the roll.

That will be £600.

You’re welcome.

Archibald O'Pomposity

I, for one, have never been dishonest. I even post under my real name.

Holly Molly

The imminent collapse of the Western Civilisation was prevented this time, the SRA defeated the Evil.

crazy

completely crazy decision – how does this even fall under the ambit of the SRA + plus justify being struck off is beyond reasoning. Seems the firm were looking for any reason to get rid…

Investigation into taking an approved annual leave, wow!

"Not another ooone!"

This is it though, isn’t it.

This is surely nothing compared to what some are upto. The difference is that her employer decided they wanted rid of her, whereas others are never going to be referred and will be protected.

She should have been transparent with her firm, but from their actions I can see why she might have felt she could not. The SRA should not be making hammer blows that destroy careers for relatively minor things that have nothing to do with the firm or clients.

Anonymous

This seems to be an extreme example

Anonymous

This seems an extreme example but would this principle hold true if someone went for a job interview but gave a different reason to their firm?

SRNay

This is the most poignant post as to why this decision is utterly barmy. Regulator should’ve never been involved – miserable regulator – miserable profession – glad to be out of it!

SRA Apologist

I suppose things like doctoring hospital letters (whatever the reason) are a big no no for the SRA.

Language learner (3 and counting)

SRA tried to strike me off for taking time off work for language classes – I just told them no, nej, and nein

WTAF

Why should an employee even have to give a reason to take annual leave if it’s within their annual leave allowance? If I book a day off to get my hair done but on the day decide to go to a theme park instead, would I get fired and disbarred for that?

Anonymous

Of course!!! It’s hard to see how civilization could continue if you weren’t hounded by the sra for something that bad….

Judge Fudge

Ladies and gentlemen, we got ’em

Anonymous

100%. Agreed, ” the foot should fit the shoe” principle should have been applied. The question arises as to why the firm is investigating annual leave? It’s meant to be a day without being micro managed. How ridiculous!!!!!

Barney the tree

I guess the reason she has been disbarred if for doubling down and amending a letter.

But I don’t think it is any business of an employer to ask why annual leave is being taken.

Maybe she wouldn’t have been disbarred if, after the employer asked whether she did indeed take a relative to the hospital, she replied “none of your business”.

If it was compassionate leave this would be warranted.

Archibald O'Pomposity

“If it was compassionate leave this would be warranted.”

What the hell does the type of leave have to do with anything? She allegedly gave them a reason that was false and falsified the date on a document to corroborate her story.

Chris

Totally out of jurisdiction of SRA and should not have been involved. Firm should not have required reason for annual leave anyway.

Archibald O'Pomposity

Could you explain why you believe this was totally out of jurisdiction of the SRA? It’s not fair to keep this to yourself when such information could help Stephanie to set aside their decision.

Anonymous

As a practising solicitor in the profession, I agree completely with the comments above that the reason for annual leave changing shouldn’t have been the firm’s or the SRA’s business. However, where it crossed the threshold for the SRA to become involved is when the trainee signed a statement of truth containing false information and when she falsified a document to support her statement. IMHO I think it shows she had a propensity to do so in future once she was qualified as a solicitor say to potentially improve the chances of success on matters. Had she just confessed to her employer and said why, I think that would have been the end of it and they’d have been hard pressed to successfully dismiss her for gross misconduct.

Fishy wishy Associate - US firm

Surely there has to be something more than this? On what basis can the SRA strike people off for what they do on their annual leave? Was it the court appearance itself? You couldn’t even be fired for lying about what you do on your annual leave. So many of my colleagues have said I’m going to do X but have ended up doing Y on annual leave, are they all going to be struck off? Someone please provide more detail to spare the trainees from peeing themselves.

XSM

Did you read the article?

Archibald O'Pomposity

Good Lord, if you are representative of the morons going into law then heaven help us. Are you trolling? “Someone please provide more detail…” – perhaps read the DECISION NOTICE linked in the article? Or save yourself a little time and read the part of the article outlining the falsification of a date. Or misleading her own firm. If the concept of dishonesty makes no sense to you in the context of legal regulation, then I hope you steer clear of law. (Yes, we know you’re not really an Associate in a US firm).

Thomas Condon

Well chosen name for yourself.

Archibald O'Pomposity

It describes me to a T.

Ollly

It was, must have beem the editing of the medical lettter that killed her off. Still i dont think this should have been an SRA matter

Archibald O'Pomposity

“It was, [sic] must have beem [sic] the editing of the medical lettter [sic]”

Well done, Sherlock. Oh, and for future reference it’s “must of”, not “must have”.

Wow

The manager should have minded their own business. Yes she lied, but she shouldn’t have had to lie in the first place. It’s annual leave.

Anonymous

Firstly, why does she have to give a reason for booking annual leave. Secondly, why are Lanyon Bowdler investigating whether the reason given for annual leave is correct. The real reason is not exactly something you want to scream and shout about. No one has been harmed, no money lost, no clients involved – what an extreme stupid decision SRA

Jeffrey Leib

Should she have notified her employer that an injunction had been secured against her? That seems more reasonable as a course of investigation, during which she may have misled them as to her actions on the day.

Anonymous

I genuinely despise the SRA. Quite frankly, the firm and individuals that thought this required reporting are equally despicable.

Defund the SRA

The firm and the SRA would 100% not give a toss if this was a partner that did this, this absolutely smacks of hypocrisy

Sam

She was struck off because she was dishonest. End of.
She had committed planning breaches so had to attend a court hearing and then lied about it.
Shouldn’t have committed the breaches, wouldn’t have been served an injunction and had to attend court and wouldn’t have had to lie about the above to the employer who had been good enough to give her a training contract in the first place! Training contracts are hard to secure and she should have treated that with respect.

Ahmed

I object to the idea that the firm had been being ‘good enough’ to give her a training contact. No firm is doing any trainee a favour, students work hard to achieve a TC and firms take their pound of flesh.

Abs

Precisely! Couldn’t have put this better myself. I don’t even know how this is a debate.

Lateral Enjoyer

Is it also dishonesty to take sick leave to attend a lateral interview?

Greer

Well yeah… just slip out of the office for a bit.

Anon

Sorry but why does an employee have to justify taking 1 day’s annual leave? Surely the reason can remain private?

Concerned trainee

Genuine question as I don’t know – do people in these instances have any right of appeal to challenge the nature of being struck off? I am green, but harking back to my GDL, given this concerns the trainee’s job and licence to make a living, and the SRA is a regulatory body, could she apply for a judicial review or something to that effect? Or is that wishful thinking and a court would never go against the SRA?

Another trainee

If this happened to me I would leave the legal industry and slam the door behind me.

Realistically, even if an appeal was granted this may very well need to be disclosed in future interviews and would also ruin any “enthusiasm” I had for the role.

Life’s too short to maintain the sunk cost fallacy.

Archibald O'Pomposity

“If this happened to me I would leave the legal industry and slam the door behind me.”

What a moronic and sophomoric comment from a wet-behind-the-ears sixthformer who has no idea how regulation works. You think that you can tear off your badge and flounce from the office, never having to face the regulator?

Anonymous

Who gives a reason for requiring annual leave (I do not and nor should anyone have to)? Speaks volumes to the type of culture at Lanyon Bowdler if that was the accepted conduct.

SRA Stan

Everyone calm down, the reason this is serious is because she amended the date of her hospital appointment from 4 October to 3 October – that is clearly a sign of dishonesty. A valid point is raised about why she even offered a reason for taking annual leave. Regardless of that, the fact she engaged in dishonest activity is why the SRA had to disqualify her. I do recognise that this is really unfortunate for her though.

Anonymous

I’m confused about why they had to provide a reason for the annual leave in the first place

Baa Bar

Go to the Bar instead for saner regulation.

As long as you don’t make some kind of unpleasant comment about a protected characteristic or sexually harass someone, you’ll be left alone.

Adrienne

How draconian…in the first three weeks of Articles, to take a few days of annual leave for ant reason ought to be fine; wasn’t it called the “honeymoon period”?. Let’s face it, an Articled Clerk/Trainee is less a fee earner than a prospect. Moreover annual leave should be just that: personal and private.

Sam

Thank God for the SRA. Otherwise people would have a poor impression of solicitors.

Archibald O'Pomposity

Judging by the comments on this pages, there are some horrendous practitioners downstream. Ah, wait…the SQE should weed them out. The very exam all these people so passionately despise too! What a coincidence. People who can’t string a sentence together who want the £££ of law also despise regulation and think the SQE should be abolished.

Tanya

SRA regulated firm Axiom Ince had at least £57 million client money missing at the time of firm closure. But thank god they are there to police annual leave of trainees.

Archibald O'Pomposity

Are you saying that smaller acts of dishonesty should be overlooked by the regulator because far bigger ones have not been detected? If not, what are you saying?

Anonymous

Totally agreed!

Vincent B

This is why the SRA needs some serious defunding and reform. What the actual f are they spending time and resources on.

Old School

Staggered by some of these comments. How far we seem to have come from the observation in Bolton v Law Society [1993] EWCA Civil 32 that the standard of honesty required for solicitors is that they may be “trusted to the ends of the earth”.

Anonymous

With all respect, the legal profession has transformed beyond recognition since then. Lawyers (aside from a handful of litigators) are no longer champions of justice for the common man; they’re paper-pushers who are no different to consultants or bankers or accountants, who provide strategic solutions for money rather than representing some abstract concept of fairness or honesty or justice. Holding to sentimental notions from a past age is pointless and naive, and an absurd way to regulate the profession.

And more broadly – any overarching conception of professional conduct which considers that misleading your employer about the reasons for holiday is morally worse than representing the Post Office as they prosecute postmasters for fictitious thefts, or advising a private equity fund in acquiring a target which they’re going to asset-strip, is clearly not fit for purpose.

Archibald O'Pomposity

I read your comment closely. Strip away the flowery elegance and all that remains is whataboutery, together with the disgraceful position that the existence of greater harms justifies the commission of lesser ones.

Khan

All regulatory authorities are after easy fish to catch and express that they are busy protecting the public at large.

Horrified

I appreciate the trainee in this instance was dishonest and editing a letter is a step too far, but I feel like this is the sort of thing that should’ve never got to this level. People don’t need to disclose why they’re taking annual leave, regardless of when they started a job.

Anon

I see comments from people saying they’re “old fashioned” and how this is a serious matter. I honestly disagree. When I used to do litigation work, all the “old boys” would sit in the reps room making racist, homophobic and sexist jokes yet all of them were seen as pillars of the legal profession. Lots of rumours when I worked in that environment sboit affairs and sexual harassment of female staff too… I also see members of the legal profession act frankly embarrassing on social media, either through sharing intimidate details about clients to humblebrag or just randomly being very bigoted. They’re protected by employers who cherish them or they’re the big boss at a firm and any complaints towards them are laughed away. It’s disappointing young legal professionals are not even afforded the opportunity of making a daft mistake due to toxic work culture.

Anon

If she wasn’t forced to give proof of needing annual leave to her firm in the first place she probably wouldn’t have gone to such lengths. The profession is becoming modern day slavery and the SRA are overly interfering.

Realist

Employees should not be required to provide ‘reasons’ for taking statutory / contractual leave entitlement. Seems like that was also the problem here.

Anonymous

Reminder to all those working in the legal profession.

DO NOT TELL LIES.

It’s very simple.

Adina

You do not need to give an explanation for your holiday. Has everyone gone crazy? Solicitor or not, you still are an employee like anyone else and you have rights that can’t be taken away. So what if the initial plan was to go to the beach and after changed my mind and went to the mountains? How many of us did that? Did you call HR/ your employer to ask for their permission????

DWF Trainee

I agree that the trainee shouldn’t have to divulge why she’s taking time off. And I get all of the reasons why she did what she did. I don’t think anyone should care why she was taking time off.

But signing a statement of truth with a lie is the bit that screwed her and it doesn’t sit well with me.

Very harsh but I get it.

GMac

Generally, I think, a reason for holiday is not necessary. However, a reason might be necessary if the request is at short notice as it might impact the employer who may need to get cover. In other words if the request is made for a holiday the following day. Quite often employment contracts require reasonable notice and an explanation if short notice is requested. On this occasion I suspect the deliberate attempt to mislead, including falsifying documents (not good for a future Solicitor) was the deciding issue here. Incidentally, has anyone worked out the Court Case she attended?

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