More than 20 investigations are underway into lawyers and law firms linked to the Post Office scandal, the Solicitors Regulation Authority announced today.
The regulator is investigating those who worked on behalf of the Post Office or the Royal Mail Group at the time hundreds of sub-postmasters were wrongly accused of theft over data from the faulty Horizon IT system.
In an update published today, the SRA said it was investigating lawyers’ management and supervision of cases and the strategy and conduct of prosecutions and subsequent trials. This includes handling the class disputes that have arisen Bates vs. the Post Office.
The SRA investigation also includes whether lawyers breached their duties in relation to expert witnesses, whether they breached disclosure obligations and whether they unlawfully exercised the legal privilege to protect communications from disclosure. Issues relating to the mediation scheme are being investigated, including the possible over-fees charged by claimants, the use of a non-disclosure agreement and the labeling of correspondence.
The update is the clearest indication yet of the scope and scope of the SRA investigation, and makes clear that it is looking at lawyers and firms involved in both the prosecution of sub-postmasters and the Post Office’s response to the emerging scandal.
There is another aspect: the SRA says it is investigating the conduct of lawyers in relation to their ‘involvement and co-operation’ in the ongoing Post Office investigation. This is believed to include former general counsel Jane MacLeod, who has returned to her native Australia and refused to appear in person or via video link to give oral evidence.
The SRA is under pressure to take action following revelations from the investigation. This update will attempt to reassure the public that investigations are taking place, even if no action has yet been taken against a lawyer or company.
A team of investigators has been assigned to the Post Office case and has examined tens of thousands of pages of information and evidence, the update said. Court orders have been issued requiring the Post Office and the Royal Mail Group to provide relevant documents that may not have been made public during the investigation.
The regulator still expects to be in the best position to take any meaningful action once the full facts and all relevant issues have been uncovered through the investigation.
This position is under constant review, but at this time there is no evidence to show that a lawyer poses an ongoing risk to the public that needs to be addressed urgently.
“While the range of issues we are investigating is complex, the fundamentals are simple,” said CEO Paul Philip. ‘The public expects lawyers to behave ethically. They must act independently and do the right thing in the interests of justice.
‘We will take action if we find that they have not done this. This is vital to protect the public, maintain confidence in the profession and send a clear message that any lawyer who behaves unethically should face serious consequences,” Philip said. “We will act as quickly as possible, but it is important that we get this right. We owe that to everyone involved in this case, and to the wider public.”
Apart from one postponed hearing involving current general counsel Ben Foat, no further lawyers are expected to join the investigation at this stage. Since April, 13 different lawyers involved at various stages of the Horizon IT matter have given oral evidence. The current phase ends at the end of July, with the inquiry returning in September to examine the practice and procedure and make recommendations for the future.