This page contains a Flash digital edition of a book.
2.2.1 Equality and diversity


Of the 21 allegations considered by the Panel including delegated decisions, 8 were made against males and 13 against females. This equates to 38% allegations involving males and 62% involving females. The CILEx membership in comparison is 75% female. The number of allegations against male and females this year has widened as compared to 2013 which showed a 45% male to 55% female ratio.


From the information available, of those 21 members: 11 were of white ethnic origin, 1 of black ethnic origin, 5 of Asian ethnic origin, 1 Chinese or other ethnic origin and 3 did not provide information. This equates to 52% allegations against members of white ethnic origin, 47% against members from a BAME background and 1% no information on ethnic origin provided in comparison to CILEx membership of 12% from BAME background.


2.3 Interim suspension orders No such orders were considered or imposed by the Panel in 2014.


2.4 Declarations of Prior Conduct


In 2013, IPS received a total of 187 declarations of prior conduct of which 135 were dealt with under the expedited process and 58 were considered by the Panel.


In 2014, IPS received a total of 180 declarations of prior conduct of which 145 were dealt with under the expedited process and 35 were considered by the Panel


2.4.1 Expedited cases


The table below breaks down the cases which were considered under the expedited process, whereby an Officer determines that no action needs to be taken under delegated powers. Some cases had more than one type of declaration and these have been included individually.


Nature of matter


County Court Judgments


Bankruptcy order or


arrangement with creditors*


Convictions or cautions


Other TOTAL


62 10 145 46 0 136 73 1 175 50 3 166 51 0 122 33 1 57 23 9 70 29 1 58


* Prior to 2010, only discharged bankruptcy orders or completed arrangements with creditors could be dealt with under the expedited procedure


Of the declarations considered under the expedited procedure 101 involved declarations made by applicants for membership or reinstatement of membership of CILEx, 13 by Fellows, 10 by Graduate Members, and 21 by those in other grades of membership.


2014 22


51


2013 4


86


2012 11


90


Number of cases per year 2011 2


2010 8


111 63


2009 14


9


2008 26


12


2007 22


6


2.4.2 Prior conduct cases considered by the Panel


The following table breaks down the prior conduct cases referred to the Panel. Nature of matter


Number of cases per year


County Court Judgments


Bankruptcy order or arrangement with creditors*


Convictions or cautions theft/ dishonesty


Other convictions or cautions


Orders made by other professional bodies


Other TOTAL


2014 2013 2012 2011 2010 2009 2008 2007 4


3 1 10 14 4 2 35 4 20 21 8 2 58 2 3 13 19 4 2 43 0 4 13 32 5 - 54 0 1 16 25 2 - 44 0 29 18 0 4 - 51 0 13 23 7 1 - 44 0 9 16 4 6 - 35


* Prior to 2010, only discharged bankruptcy orders or completed arrangements with creditors could be dealt with under the expedited procedure


The Panel approved 21 declarations, rejected 4 applications for membership or reinstatement, 2 members were reprimanded, and 3 cases are outstanding where more information or attendance has been requested by the panel. 5 members were referred to the Disciplinary Tribunal.


Where a member of CILEx makes a declaration that they have been subject to an order made under Section 43 of the Solicitors Act 1974, the Professional Conduct Panel will consider not only the fact of the order being made, but also the underlying reasons for it. These cases are therefore considered not only as prior conduct declarations, but also as allegations of misconduct. They may be dealt with under delegated decision procedures. Such cases are therefore included in the figures at sections 2.1 and 2.2 above.


Of the declarations considered by the Panel 16 were made by applicants wishing to enrol or reinstate as members of CILEx, 5 by Fellows, 3 by Graduate Members and 11 by other members of CILEx.


3 DISCIPLINARY TRIBUNAL


The Disciplinary Tribunal is responsible for considering cases referred to it by the Professional Conduct Panel or the Appeals Panel.


The Tribunal sits as a panel of three, with a majority of lay members. One member will be a Fellow of CILEx. No Tribunal member may be a member of CILEx Council or the IPS Board.


Where it finds one or more charges proved, the Panel may: • take no further action; • reprimand or warn the member or both ; • impose conditions on a member in respect of their conduct or employment;


• order the member to pay a fine; • exclude the member from membership of CILEx for a fixed or indefinite period.


Professional standards for specialist lawyers 29


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42