More than 20 live investigations are underway into lawyers and law firms linked to the Post Office scandal, the Solicitors Regulation Authority revealed today.
The regulator is investigating those who worked on behalf of the Post Office or Royal Mail Group at a time when hundreds of sub-postmasters were wrongly accused of theft over data from the faulty Horizon IT system.
In an update published today, the SRA said it was investigating solicitors’ management and oversight of cases and the strategy and conduct of prosecutions and subsequent litigation. This includes resolving group disputes that have occurred Bates v. Post Office.
The SRA’s investigation also includes whether solicitors breached their expert witness duties, whether they breached disclosure obligations and whether they misused statutory privilege to protect communications from disclosure. Issues related to the mediation system are being examined, including possible overcharging of claimants, the use of non-disclosure agreements and the marking of correspondence.
The update is the clearest indication yet of the scale and scope of the SRA’s investigation and makes it clear that lawyers and firms involved in both the prosecution of Post Office underlings and the Post Office’s response to the emerging scandal are being scrutinised.
There is also another element: the SRA says it is looking at the conduct of solicitors in relation to their “involvement and co-operation” with the ongoing Post Office investigation. They are believed to include former solicitor-general Jane MacLeod, who has returned to her native Australia and refused to appear for oral evidence in person or via video link.
The SRA has come under pressure to take action following revelations from the investigation. This update will seek to reassure the public that investigations are ongoing, although no action has yet been taken against any attorney or firm.
A team of investigators has been assigned to the mail matter and has reviewed tens of thousands of pages of information and evidence, the update said. Court orders have been issued requiring the Post Office and Royal Mail Group to provide relevant documents which may not have been shared publicly as part of the investigation.
The regulator still expects to be in the best position to take any meaningful action once all the facts and all relevant questions have been disclosed as part of the investigation.
This position is under constant review, but at this time there is no evidence to show that any solicitor poses an ongoing risk to the public that needs to be addressed with urgent action.
“While the range of issues we are investigating is complex, the basics are simple,” said CEO Paul Philip. “The public expects lawyers to behave ethically. They must act independently and do the right thing in the interest of justice.
“If we find that they have not, we will take action. This is vital to protect the public, maintain confidence in the profession and to send a clear message that any solicitor who behaves unethically should face serious consequences,” Philip said. “We will act as quickly as we can, but it is important that we get it right. We owe it to everyone affected by this case and to the general public.”
Apart from one adjourned hearing involving current Solicitor General Ben Foat, no more lawyers are expected to be interviewed at this stage. As of April, 13 different attorneys involved in various phases of the Horizon IT issue appeared to be giving oral testimony. The current phase will end at the end of July, with the inquiry returning in September to review practice and progress and make recommendations for the future.