Fee earner barred after emailing himself client files before switching firms

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By Legal Cheek on

12

‘Lack of integrity’


A fee earner has been barred from working in the legal profession after sending confidential client information to his personal email ahead of switching firms.

Patrick Maginn worked on housing disrepair cases at Liverpool-based Bond Turner for five months before leaving for nearby outfit McDermott Smith Law in November 2023. Just before his departure, Maginn sent himself around 50 emails containing client information, internal templates and workflow documents — all without the firm’s consent.

He later forwarded many of the files to his new work email and used some of them in his new role at McDermott Smith Law, according to the regulator’s published decision.

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The Solicitors Regulation Authority (SRA) said Maginn had shown “a lack of integrity” and “no proper regard for the proprietary nature” of his former firm’s materials, alongside a “lack of any understanding” of client confidentiality. It concluded that his behaviour represented “a serious departure from the high ethical standards” expected of those working in law firms.

The regulator imposed a Section 43 order, meaning Maginn cannot work in any SRA-regulated firm without its prior approval. He was also ordered to pay £600 in costs.

Maginn had already been found guilty of contempt of court last year, after Bond Turner brought a civil case against him. He was handed a four-month suspended sentence, on the condition that he complied with a court order to delete the confidential information he had taken.

McDermott Smith went into administration last year with reported debts of over £37 million.

12 Comments

Oh no

I think everyone who has ever moved firms will be crappimg themselves at this and keeping all the print outs they made before jumping ship under lock and key or investing in a shredder.

Pete

Years ago, you just notified the client you was moving on and they would see you at new firm and sign an authority. Was he that desperate for work he emailed private client information to his own account. I noticed now his new firm McDermott Smith went into administration with debts of £37m. Wow, truly stunning.

Legally ginge

He wasn’t stealing the firm’s clients

Cowboy

“You was! ” I hope this was just a typo .

Essex Bint

I do not think it was to poach the client was it? He wanted templates and workflow documents, and the content he used would have been content he authored. It just saves time when you know the work you put into a well-drafted IPO or share agreement – stops you having to reinvent the wheel every time! However, all firms now check for this with their IT department, monitoring emails and using DLP software.

Barrington Stir

I hate the term “fee earner”.

Rainman

I’ve always preferred money maker.

Fee earner

Big time

Gambo

If he just did it to carry on using the firm’s templates rather than poaching clients, ending his career sounds very harsh to me – perhaps the contempt was the deciding factor…

Misc

He wasn’t a solicitor, in case anyone else also didn’t realise that: https://www.sra.org.uk/consumers/solicitor-check/526634/

Fazzza

I know lots of partners at top 20 law firms who have banks of templates stored on their current firm servers from the likes Squires and DLA Piper…(actually still says the name of the firm on the template). I keep that knowledge in my back pocket for when someone tries to get funny with me.

Old codger

A tale as old as time. 99.9% of all City lawyers will maintain a “secret” stash of all their semi-valuable templates and precedents for when they move shops.

Otherwise everyone would realise you know nothing and have spent a career of filling out forms.

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