Decision record
Diane Kay Whiston
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9391/2005
Date01/01/2005
OutcomeS.43 Order (clerks)
Allegation / charges
Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionOther
CostsGBP 1,378
Dishonesty foundNo
Diane Kay Whiston, a receptionist (non-solicitor) employed by the Lister Croft Partnership, copied a confidential list of assets from a client file and gave it to Mr J, her partner, who was the opposing party to the firm's client in divorce proceedings. The Tribunal found the allegation substantiated, holding this was a serious breach of confidentiality and trust. It made a section 43 order controlling her future employment in the legal profession and ordered her to pay costs of £1,377.69. No express finding of dishonesty was made (conduct described as deceitful/breach of trust).
Duties found breached:
Aggravating factors:
- Close personal interest in the matter (relationship with the opposing party)
- Firm's office manual specifically addressed confidentiality
- Document used against the firm's own client in divorce proceedings
Mitigating factors:
- Respondent stated she had no intention of working in the legal profession in future
- Single mother of limited means claiming Working Tax Credit