Simon James Rose

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

Simon James Rose, a solicitor's clerk at the Smith Partnership handling criminal defence work, misled the court through counsel he instructed regarding the trial preparation for a client (Mr S) facing rape and indecent assault charges. He was a party to false representations that the client had been notified of the trial date, that a brief had been delivered to leading counsel, and that a medical report had been prepared and sent to the CPS - none of which was true. He resigned when confronted. The Tribunal found the allegation substantiated and made a Section 43 order restricting his employment within the profession, plus costs of £382.50. No express finding of dishonesty was made; conduct was attributed to panic and ill health.

Duties found breached:

• Not mislead the court
• Proper basis for allegations
• No improper communication with the court

Mitigating factors:

• Respondent admitted all facts
• Ill health, psychiatric treatment and ongoing treatment for stress and depression
• Conduct described as irrational, impulsive and result of blind panic and fear
• Apologised and expressed regret; no intention of working in the legal profession again