What happened?
The Solicitors Regulatory Authority has chosen to prosecute a top reputation management lawyer Christopher Hutchings, a partner at Hamlins LLP.
Christopher Hutchings is alleged to have over-stated the strength of his client’s case in relation to contempt of court proceedings during a telephone call. Additionally, it is alleged that Hutchings had improperly made a threat of litigation during the same call.
Of course, these are just allegations, and it will be down to the Solicitors Disciplinary Tribunal to decide whether the conduct was proven (or not), whether this breaches the SRA’s code of conduct, and if any sanction is appropriate.
It is understood that both Hamlins and Hutchings have vowed to robustly defend the matter.
Opinion
Although, of course, these are just allegations at this stage – they come at a time where the SRA recently referred Osbourne Clarke’s Ashley Hurst, to the SDT.
Both of these cases, which will come before the SDT, will result in a Judgement and some ‘case law’; which will ultimately set the benchmark in the manner in which solicitors should conduct themselves.
Whilst it is going to be unpleasant (and probably costly) for both Ashley Hurst or Christopher Hutchings to be defending their conduct – putting these cases through the SDT, and the SDT’s findings, are likely to assist the legal profession no end in determining what is legitimately acting as a solicitor, and what amounts to a SLAPP.
Of course, the reverse is also true. If the SDT look at the behavior the decide it was appropriate and acceptable, it follows there will be a complete exoneration – and even demonstrable guidance to other solicitors of what is acceptable.
Ultimately, the decision to prosecute perhaps starts to show a move in the SRA’s robustness to stopping to SLAPPs, and cleaning up the legal industry from unjustified legal threats – so it can only be a good thing that conduct is placed under the spotlight.
