Dishonesty allegation dropped
A managing partner has been suspended from practice for 12 months after he admitted backdating a client-care letter in order to make a file “look as good as it could” when disclosed.
Jonathan Peter Durkin, admitted in 2012, was running Prosperity Law’s Liverpool office when, in 2023, he created a client-care letter with appended terms of business but dated it to appear as though it had been prepared three years earlier.
Durkin, who acted for a client in a partnership dispute, later conceded to colleagues that the document had not existed at the relevant time. He admitted his conduct was reckless and lacked integrity, but denied dishonesty.
The Solicitors Disciplinary Tribunal (SDT) noted it had “difficulty in understanding how the backdating of a document could be anything other than dishonest” but, on balance, decided it would not be proportionate to hold a full hearing on the issue given Durkin and the Solicitors Regulation Authority (SRA) had both accepted the seriousness of the misconduct. The tribunal therefore granted leave for the SRA to withdraw the dishonesty allegation.
The tribunal initially rejected a joint proposal from Durkin and the SRA for a three-month suspension, inviting them instead to agree a more “substantial” sanction. The revised 12-month suspension, starting 23 July 2025, was approved.
The SDT noted there had been no direct loss to the client, although a negligence claim was later pursued. It concluded that the incident had “undoubtedly harmed the reputation of the legal profession” and imposed costs of nearly £25,000.
In mitigation, which was not accepted by the SRA, Durkin said he had been stressed, overworked and facing personal difficulties at the time, describing the backdating as a lapse of judgment and an isolated incident.