Samantha Jayne Dyson
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor at Plexus Legal LLP, caused/allowed a misleading witness statement (with a signed statement of truth) to be filed with the court on or around 4 November 2021, and following a hearing on 8 November 2021 failed to inform her client (Council B) and their insurer (Company A), and failed to inform the Firm, that the client's defence and counterclaim had been struck out for non-compliance with an Unless Order. She admitted all allegations. An original allegation of dishonesty (Principle 4) was withdrawn by the SRA and the Tribunal was satisfied it was properly withdrawn, the employer's investigation having concluded she had not been dishonest. The matter was resolved by Agreed Outcome on the papers: 12-month suspension plus agreed costs of £2,469.17.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Recklessness
- Risk that the court would be misled by her witness statement
- Misled the firm's client by not telling them about the strike out of the client's defence
Mitigating factors:
- Relatively inexperienced as a solicitor
- Confusion caused in part by administrative errors not of her making
- Genuine insight, admitted misconduct and expressed deep regret
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising