Disciplinary Record - Mary Rodak

Decision - Sanction

Outcome: Rebuke

Outcome date: 20 March 2023

Published date: 28 April 2023

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Jackson Brierley Hudson Stoney Inc (A.H.Sutcliffe & Co)

Address(es): The Old Parsonage, 2 st Marys Gate, Rochdale, OL16 1AP

Firm ID: 51809

Outcome details

This outcome was reached by SRA decision.

Decision details

In the matter of: Mary Rodak, a solicitor from Rochdale.

Ms Rodak was formerly a partner at Jackson Brierley Hudson Stoney Inc A H Sutcliffe & Co (the firm).

Summary of Decision

We have issued Ms Rodak with a rebuke for failing to properly supervise another employee’s management of a vulnerable client’s file.

Facts of the misconduct

Until 30 November 2021, Ms Rodak was responsible for supervising an unqualified member of staff who acted in the day to day running of files for clients with a Deputy supervised by the Office of the Public Guardian. The staff member in question resigned from the firm in November 2021, after it was discovered that there had been issues with the day-to-day management of a file for a period of approximately 12 months. The client’s benefit claims had not been properly progressed and she had accrued rent arrears.

It was found that Ms Rodak failed to properly supervise another employee’s management of a vulnerable client’s file over a period of 12 months. In doing so, Ms Rodak breached paragraphs 3.5 (a) and (b) of the SRA Code of Conduct for Solicitors, RELs and RFLs (2019).

Paragraph 3.5 of the SRA Code of Conduct says that:

‘Where you supervise or manage others providing legal services:

1. You remain accountable for the work carried out through them; and
2. You effectively supervise work being done for clients’.

Decision on sanction

Ms Rodak was issued with a written rebuke and ordered to pay costs of £300.

This was because Ms Rodak’s conduct was serious by reference to the following factors in the SRA Enforcement Strategy:

1. Ms Rodak’s failure to supervise the staff member could have caused significant harm to the client.
2. She is an experienced solicitor with direct responsibility for the conduct and with full control over her behaviour.
3. A public sanction is required to maintain standards and to acknowledge there has been a breach of regulatory requirements.