Disciplinary Record - Caroline Adams

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 17 March 2023

Published date: 21 March 2023

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Osborne Clarke LLP

Address(es): 1 London Wall, London EC2Y 5EB

Firm ID: 619990

Outcome details

This outcome was reached by agreement.

Decision details

1. Agreed outcome

1.1 Ms Caroline Adams (Ms Adams), a solicitor, agrees to the following outcome to the investigation of her conduct by the Solicitors Regulation Authority Limited (SRA):

1. she is rebuked
2. to the publication of this agreement
3. she will pay the costs of the investigation of £300.

2. Summary of facts

2.1 On 29 July 2021, the police investigated a report that Ms Adams hit a lamppost while parking her car.

2.2 Ms Adams told the police that prior to the incident she drove a short distance from her home and returned after deciding that she should not be driving. The samples she subsequently provided to the police showed that she had driven her car after consuming a level of alcohol that exceeded the prescribed legal limit. Ms Adams was charged with that offence.

2.3 On 27 April 2022, at North Essex Magistrates Court, Ms Adams pleaded guilty to that offence.

2.4 The sentence was:

• a 16-month driving ban to be reduced by 4 months on satisfactory completion of a drink drivers awareness course and
• a fine of £2,332.

2.5 She was also ordered to pay:

• a victim surcharge payment of £190 and
• costs of £2,500.

2.6 Ms Adams promptly notified the SRA about her charge and conviction and that she had completed the drink drivers awareness course.

3. Admissions

3.1 Ms Adams makes the following admissions which the SRA accepts: that by virtue of her conduct and conviction she failed to act in a way that upholds the public trust and confidence in the solicitors' profession and in legal services provided by authorised persons in breach of Principle 2 of the SRA Principles.

4. Why a written rebuke is an appropriate outcome

4.1 The SRA's Enforcement Strategy sets out its approach to the use of its enforcement powers where there has been a failure to meet its standards or requirements.

4.2 When considering the appropriate sanctions and controls in this matter, the SRA has taken into account the admissions made by Ms Adams and the following mitigation which she has put forward:

1. she promptly reported her conviction to the SRA and co-operated fully with its investigation, including the timely provision of all necessary information.
2. she has shown insight and remorse for her actions at the time of the incident and subsequently.
3. this is an isolated incident as she has no previous convictions.

4.3 The SRA considers that a written rebuke is the appropriate outcome because:

1. Ms Adams was directly responsible for her conduct and
2. By driving after she had consumed alcohol that exceeded the prescribed legal limit, Ms Adams disregarded the potential risk of harm that this might cause.

4.4 A rebuke is appropriate to maintain professional standards and uphold public confidence in the solicitors' profession and in legal services provided by authorised persons.

4.5 A rebuke is also intended to deter the individual and others from similar behaviour in the future. Any lesser sanction would not provide a credible deterrent to Ms Adams and others. A rebuke therefore meets the requirements of rule 3.1 of the Regulatory and Disciplinary Procedure Rules.

5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory and disciplinary process. Ms Adams agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Ms Adams agrees that she will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

6.2 If Ms Adams denies the admissions made or acts in a way which is inconsistent with this agreement, the conduct which is subject to this agreement may be considered further by the SRA. That may result in a disciplinary outcome or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations.

6.3 Denying the admissions made or acting in a way which is inconsistent with this agreement may also constitute a separate breach of principles 2 and 5 of the Principles and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.

7. Costs

7.1 Ms Adams agrees to pay the costs of the SRA's investigation in the sum of £300. Such costsare due within 28 days of a statement of costs due being issued by the SRA.

Reasons/basis

Ms Adams was convicted of drink driving. A rebuke is the appropriate outcome in these circumstances. Ms Adams agreed to accept the rebuke by way of an RSA.