Decision record
Simon James Rose
Allegation / charges
Others
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:
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