England: Solicitors to be subject to lower standard of proof in misconduct hearings
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The standard of proof applying to solicitors subject to misconduct proceedings has been lowered from “beyond all reasonable doubt” to a “balance of probabilities” following approval from the regulator.
The Legal Services Board supported an application from the Solicitors Disciplinary Tribunal (SDT) to have the standard of proof lowered in professional misconduct proceedings.
The change, which will take effect from November 15, has prompted concern from the Law Society, which represents 145,000 solicitors south of the border. It previously said that the lower standard was not in the public interest and would increase the chances of miscarriages of justice occurring against solicitors.
Neil Buckley, LSB chairman, said that the regulator “has long been an advocate for use of the civil standard, and I’m confident that its consistent use throughout the sector will have a significant positive impact on the protections afforded to the public”.
In Scotland, solicitors are awaiting the outcome of a consultation by the Scottish Solicitors’ Discipline Tribunal on the same issue.
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