Friends in need

SRA chief executive Paul Philip clarified that the regulator’s prosecution policy takes a balanced and fair view of the circumstances in each case.

Citing the new enforcement strategy, published last month, Philip wrote that when considering an individual’s conduct or behaviour, “the systems and environment in which the events took place” and “any effect this had on their judgement, and their responsibility or control they had over the matters in question” were considered.

Behind the seemingly formulaic approach, Philip’s letter is quite honest. He says, the SRA is “very mindful of the difficult and vulnerable position that trainees and juniors can find themselves in”. Anything less than that would have been callous, as well as lacking in credibility.

What Philip didn’t, and couldn’t, do was reopen the cases that prompted the JLD’s letter – whistleblower trainee Emily Scott and newly qualified solicitor Sovani James.

Philip didn’t headline his letter ‘tips for bullied trainees’ but it could have been read that way to some extent. The main reason the SRA sought strike off was the length of time both lawyers had allowed the misconduct to go undisclosed. The SDT agreed with this argument.

It’s not that they didn’t acknowledged Scott’ and James’s predicaments, but that both could have come to the SRA earlier.

Changing the prosecution policy would do little to improve wellbeing and combat bullying. In Scott’s case, the partners involved were struck off – there isn’t much more that could be done other than increasing the fine. But as criminal lawyers know, increasing sentencing tariffs doesn’t reduce crime.

Efforts should be made to encourage those in trouble to come forward by providing a safe environment. This would help not just junior lawyers but the profession as a whole. Certainly, the SRA could do more in this respect.

At present, it is possible to approach the regulator in confidence. For most lawyers in situations similar to Scott’ or James’s however, this is not enough.

Think about Scott, concerned that she wouldn’t be able to complete her training if she reported her supervisor. Even with the option of an anonymous report, she would have feared it being traced back to her.

It’s likely – at least one hopes – that if the process is managed properly, another firm could step in to offer top-up months. Even so, this is an incredibly