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Original poster

Do I need to inform the SRA of this? Stressed!

61 replies

SettingBeu · 09/08/2022 20:10

Just under two years ago I had a baby with a man who went off the radar days after the birth. I went into complete meltdown and contacted him repeatedly about the relationship, money etc etc. He didn’t reply and instead I had the police contact me and I was issued with what I think was some sort of warning and told not to contact him. I’m not sure if that constitutes a restraining order (I do property law so have no idea about these things!). I’m due to go back to work in September as a lawyer and it’s just dawned on me that do I need to report this to the SRA? I’m embarrassed and ashamed that I let him get to me like I did and I know it was insane. I was absolutely floored by it at the time and I didn’t know what to do. I hadn’t even considered how this may impact my career and now I feel like the whole thing is being relived and I just don’t know what to do. Anyone have any knowledge? The firm itself hasn’t asked for a DBS check but maybe they get one automatically I don’t know. That’s a separate concern regarding the actual firm rather than the SRA. Argh so stressed.

OP posts:
Lemonblossom · 09/08/2022 20:26

I doubt it unless it was an actual restraining order but I’d just ring them and discuss it with one of the advisers.

Original poster
SettingBeu · 09/08/2022 20:27

@Lemonblossom i did try that but they wouldn’t discuss anything without me giving my sra number so it put me off! Perhaps it was a restraining order I am
not even sure tbh. They contacted me and asked me for an interview and then said I needed to stop.

OP posts:
Lemonblossom · 09/08/2022 20:27

I’m not sure MN is the best place to ask about this though. I know a lot of us are lawyers but you’re going to get a million irrelevant responses from people who don’t even know what the SRA is

Original poster
SettingBeu · 09/08/2022 20:28

I’ve tried looking online but it’s not clear at all

OP posts:
Lemonblossom · 09/08/2022 20:29

You need to call them and give your SRA number. You can’t keep it hidden so why would you not give your number. If it’s something that means you can no longer practise then they need to know anyway.

Onandupw · 09/08/2022 20:30

Does it show up on a dbs?

Lemonblossom · 09/08/2022 20:32

You might be a property lawyer but you can surely look up what it involves to get a restraining order and see whether your situation seems to fit. There would have been a court process to get a restraining order surely?

Original poster
SettingBeu · 09/08/2022 20:33

@Lemonblossom no court process. There wasn’t an order so can’t have been that. I think it was a warning. @Onandupw apparently only on an enhanced dbs

OP posts:
Lemonblossom · 09/08/2022 20:34

If it shows on an enhanced dbs then I think you need to notify the SRA and also apologise for not doing it sooner

Brushteethwashface · 09/08/2022 20:35

It sounds like a harassment warning to me. Check the SRA rules website and your employment contract.

Original poster
SettingBeu · 09/08/2022 20:35

@Lemonblossom ok thanks. So worried I will get struck off! It happened when I was on maternity so only just considering it all now

OP posts:
Original poster
SettingBeu · 09/08/2022 20:36

@Brushteethwashface yes think it must be. I wish I had tried to argue it to be honest as they were understanding at the time.

OP posts:
Rollercoaster1920 · 09/08/2022 20:40

A side point,:Did you then go to the CSA to ensure he pays maintenance for the child?

I'm a bit surprised that as a solicitor you didn't seek clarification of exactly what the police had issued you with. Can you do that now?

And yes to being honest with the SRA and your new employer. Given the circumstances a warning is unlikely to cause issues. A restraining order wouldn't affect your ability to practice property law either. Lying about one would though.

yummyscummymummy01 · 09/08/2022 20:41

Can you phone the Law Society and get some confidential (and anonymous I would suggest) advice. Plenty of solicitors have minor offences and are still allowed to practice.

Original poster
SettingBeu · 09/08/2022 20:42

@Rollercoaster1920 i was in an absolute mental health crisis. No fit state to have discussed anything it was awful.

I will call tomorrow in good time before I go back in September. Feel sick!

OP posts:
Hohofortherobbers · 09/08/2022 20:43

Before you contact sra you should contact the police and enquire what you were given, it might be nothing. Hope you have a cma with him now.

Original poster
SettingBeu · 09/08/2022 20:44

@yummyscummymummy01 good idea I will do that first.

and yes @Rollercoaster1920 i did claim maintenance he made the whole thing very hard and had to pay arrears in the end. Awful man and still dumbfounded as to what I was thinking being involved with him.

OP posts:
Original poster
SettingBeu · 09/08/2022 20:44

@Hohofortherobbers I’m too anxious to do that. All I know is they said I needed to stop contacting him because it constituted harassment.

OP posts:
Aussiedream · 09/08/2022 20:45

I don’t think you’ll be struck off (NB banking lawyer here, not my area of expertise). But you do need to figure out exactly what it was you were issued with. Sounds like a warning? If the police station isn’t forthcoming you could make a data subject access request to the police to see what (if anything) is on your file against your name. Then just carefully read through the SRA guidelines.

Original poster
SettingBeu · 09/08/2022 20:47

@Aussiedream I’ve read through character and suitability - I don’t think anything applies given it’s not a court order. But I am very wary of not being honest about it so think I need to just front it out and tell them I was told by police after an interview that I needed to stop contact as it constituted harassment. How can I have been so silly.

OP posts:
MadeInChorley · 09/08/2022 20:49

You need to find out exactly what it was/if you were served and then discuss it with the SRA. No getting around it.

The is some guidance here on
mitigating factors for solicitors. The SRA is hot on financial irregularity and dishonesty (e.g. property lawyers handling money very regularly) or courts and less concerned with warnings or notices, especially one offs.

www.sra.org.uk/sra/corporate-strategy/sra-enforcement-strategy/enforcement-practice/criminal-offences-outside-practice/

PinotPony · 09/08/2022 20:49

It sounds like you were issued a Police Information Notice.

Doesn't look like you need to declare it to anyone... harassmentlawyer.co.uk/information-about-harassment/online-harassment-notice

Doveyouknow · 09/08/2022 20:50

I would call the Law Society first and get some advice from their ethics helpline. I wouldn't have a discussion with the SRA until I had spoken to them and / or a solicitor who has some experience of SRA regulation. Getting it wrong with the SRA can be a seriously costly mistake.

lawandgin · 09/08/2022 20:55

@Doveyouknow has it right. Have you seen some of the SRA actions lately?! Seek clarification from the police and then speak to a regulatory solicitor. On the face of it, I don't see how you could be struck off, but of course there's always the "public trust and confidence" issue, as well as dishonesty. You need to get out in front of this I'm afraid.

Eloise791 · 09/08/2022 20:56

Chance of you getting struck off is really zero, please don’t worry. I’d try to find out what it was and then call the sra for advice (can do this on a no names basis). But I know people with serious convictions (drunk driving and assault) who didn’t get struck off- they are hot on offences of dishonesty but not much else (and here of course there is no conviction for an offence). The sra also takes account of circumstances and all the surrounding facts are in your favour.

Sounds like you have been through the wringer, hope things are looking up 🙂