An Ipswich solicitor who failed to reply to letter

An Ipswich solicitor who failed to reply to letters from the Law Society as they investigated a complaint from a client was fined pnds stlg 750 today.

(Thurs)

Janet MacMillan, 49, landed herself in trouble when
she ‘failed in her personal duties’ by not responding, the Solicitors’ Disciplinary Tribunal heard.

The tribunal heard four letters were sent to the lawyer at her firm, the MacMillan Partnership, based in Princes Street, and later in Felaw Maltings, Felaw Street, Ipswich, Suffolk.

Stuart Turner, for the Office for the Supervision of Solicitors said: ‘I allege conduct unbefitting a solicitor arising from a failure to reply to correspondence from the OSS.

‘The OSS sent four letters following complaints from another firm of solicitors and a member of the public.

‘None of those letters received a reply.

‘

Nathan Morrill, an OSS caseworker, said he had received complaints from a customer, known as Mrs H about MacMillan.

These included delays in dealing with her case and failure to reply to phone calls and letters from the client.

Mr Morrill said the ‘chasing’ letters he sent to hear MacMillan’s side of the story went unanswered.

He then wrote advising MacMillan that unless she replied within a week she could run the risk of disciplinary proceedings

But again he received no response from the solicitor.

Mr Morrill said: ‘Really and truly this goes straight to the heart of the complaints procedure.

‘Without a response from the solicitor we only have one version of events.

‘It is very difficult to come to a reasoned decision.

‘

The tribunal heard that the complaint from Mrs H has not been resolved because MacMillan’s failure to reply.

MacMillan claimed that she did not receive the first three letters during May and June 2001 because of problems with the legal postal (DX) system.

The OSS did not receive a fourth letter she sent because it was incorrectly addressed, the tribunal heard.

MacMillan, a solicitor for 20 years, appeared at the hearing to deny an allegation of failure to reply promptly and substantively to correspondence.

She insisted she did not receive three letters and said: ‘I would have answered them because they are important.

‘I had responded to one letter and one phone call and I had done so and done so promptly and the matters were in the hands of the OSS.

‘

MacMillan said she thought a problem with the specialist mail system had meant the letters had gone astray.

She has now replied to the outstanding notices from the OSS, the tribunal heard.

MacMillan worked in the City as a litigation lawyer until moving to East Anglia and setting up her own practice in 1996.

The firm specialises in civil litigation and family work, including domestic violence.

After a brief deliberation the tribunal found the allegation proved.

In addition to the fine MacMillan was also ordered to pay costs, which will be subject to a detailed assessment.

ends