Wendy Penny

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

Wendy Penny, a solicitor's clerk employed by Hutchings, Hutchings & Plum, was the subject of a Law Society application under Section 43(2) of the Solicitors Act 1974. Investigations revealed Green Forms submitted for legal aid payment bearing forged/unsigned client signatures, an affidavit with a false attesting solicitor's signature, and an attendance note that could not have been created on its stated date. The respondent gave conflicting explanations. The Tribunal, finding the explanations irreconcilable, granted the order restricting her employment within the solicitors' profession without Law Society permission, and ordered her to pay costs to be taxed if not agreed. Although the applicant submitted her conduct was 'not entirely honest and truthful,' the Tribunal made no express finding of dishonesty.

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Multiple conflicting explanations offered
• More than one occasion of conduct that was not entirely honest and truthful
• Forged client signatures on Green Forms submitted for payment

Mitigating factors:

• Severe personal difficulties including marriage break-up and risk of losing her home
• Suffering from stress, depression and health problems
• Heavy workload and pressure, transferred to unfamiliar litigation work
• No personal benefit derived from the conduct