§ discipline
‹ Browse decisions

Marcia Rose Swaby

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7192/1996
Date01/01/1996
OutcomeS.43 Order (clerks)

Allegation / charges

Criminal Convictions

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

SanctionOther
CostsGBP 864
Dishonesty foundYes

Marcia Rose Swaby, a secretary/solicitor's clerk employed by Lewis Silkin solicitors (April 1993-March 1994) and authorised to handle cheques, interfered with two properly requisitioned cheques, altered records, and the forged cheques (totalling £35,000) were used for her own and another's benefit. She was convicted on her own confession of two counts of conspiracy to steal and sentenced to a two-year probation order on each count concurrent. The Tribunal found the allegation substantiated, that she had been guilty of the most serious dishonesty, and made the section 43 order plus costs. The respondent did not appear.

Duties found breached:

Aggravating factors:

  • Dishonesty at the top end of the scale
  • Breach of position of trust as an employee
  • Substantial sum involved (£35,000) lost forever

Mitigating factors:

  • A co-defendant instigated the commission of the offence

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/7192/