Heather Roberts
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Heather Roberts, a solicitor at Irwin Mitchell LLP, deleted five email chains from the firm's case management system on 29 December 2021 concealing her involvement in amending a client's Particulars of Claim, which was the subject of a complaint. She selectively retained an email favourable to her while deleting those that did not reflect well on her. The Tribunal found the allegation proved in full, including dishonesty (applying Ivey), and breaches of Principles 2, 4 and 5 and Paragraph 3.5(a). Finding exceptional circumstances (limited duration, ill health, out of character, no gain or loss, no sophisticated cover-up), the Tribunal departed from strike-off and imposed a 12-month suspension plus costs of £24,948.70.
Duties found breached:
Aggravating factors:
- Conduct aggravated by dishonesty
- Experienced solicitor
- Motivated to deflect blame onto a junior colleague she supervised and cast herself in a better light
- Element of basic planning in forming the idea of deleting emails
- Equivocal insight
Mitigating factors:
- Isolated, spontaneous incident ('moment of madness')
- Unblemished career and glowing character references
- No financial gain and no loss to client or firm
- Adverse health/mental health struggles and significant work pressure at the time
- No sophisticated cover-up; deletions easily uncovered
- Accepted from the outset that she deleted the emails
- Minimal risk of repetition
- Full cooperation with proceedings
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising