Wendy Penny

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Wendy Penny, a non-solicitor litigation clerk at Hutchings, Hutchings & Plum, was the subject of a Law Society application under s.43(2) of the Solicitors Act 1974. Two Green Forms (for clients PL and Mrs OL) were submitted to the Legal Aid Board bearing signatures that the clients deposed they had not signed, and which were said to be forged; both forms were in the respondent's handwriting. Questions also arose over an affidavit in the JD matter (the attesting solicitor denied the signature) and a telephone attendance note written on letterhead that did not exist at the purported date. The respondent denied any impropriety, gave conflicting explanations, and resigned, withdrawing an unfair dismissal claim. The Tribunal found the explanations could not be reconciled and held it right to control her future employment within the profession, making the order sought and ordering her to pay costs (to be taxed if not agreed). The applicant submitted she had behaved in a way that was "not entirely honest and truthful," but the Tribunal made no express finding of dishonesty.

Duties found breached:

• Honour professional undertakings

Aggravating factors:

• Conduct occurred on more than one occasion involving multiple files
• Gave a number of conflicting and irreconcilable explanations

Mitigating factors:

• Severe personal difficulties at the material time including marriage breakdown and risk of losing her home
• Suffering from stress, depression and health problems
• Heavy workload and transfer to unfamiliar litigation work
• No personal benefit derived from the conduct