Date
09 December 2004
Charges
Ms Katherine Foster failed to conduct herself in a manner as to avoid bringing disrepute upon ILEX or its members and to avoid doubt being cast upon her own professional integrity contrary to Section 1 of the Code of Conduct of the Institute of Legal Executives.
The particulars of this charge were that:
An order had been made against Katherine Foster under s43 Solicitors Act 1974 that no solicitor shall, except in accordance with permission in writing granted by the Law Society for such a period and subject to such conditions as the Society may think fit to specify in the permission, employ or remunerate with their practice as a solicitor Katherine Foster.
Ms Katherine Foster presented to Riley Langdon solicitors a forged examination result notification stating that she had passed the ILEX Law Paper 1 and Law Paper 2 examinations whereas she had not passed these.
Ms Katherine Foster presented to Riley Langdon solicitors a curriculum vitae which stated that she had obtained the ILEX Part I and Part II membership qualifications whereas she had not.
The second charge was that Ms Katherine Foster failed to conduct herself in a manner as to avoid bringing disrepute upon ILEX or its members and to avoid doubt being cast upon her own professional integrity contrary to Section 1 of the Code of Conduct of the Institute of Legal Executives and held herself out to be a Legal Executive whereas she was not a Fellow contrary to Section 2(3) of the Code of Conduct of the Institute of Legal Executives.
The particulars of this charge were that:
Ms Katherine Foster held herself out to Riley Langdon solicitors as being a Legal Executive whereas she was not. The holding out was made in the information which she allowed JDI Consulting Ltd, a recruitment agency, to publish about her. That publication stated that Miss Foster was a legal executive.
Riley Langdon solicitors wrote to Miss Foster on 20 June 2003 to offer her the post of a Legal Executive. However, Miss Foster did not inform Riley Langdon solicitors that she was not a Fellow of ILEX and therefore was not entitled to refer to herself as a Legal Executive.
Miss Foster held herself out to clients as being a Legal Executive whereas she was not entitled to call herself a Legal Executive because she was not a Fellow of ILEX. Miss Foster in particular held herself out to be a legal executive when writing file notes, client care letters and witnessing a Will.
Outcome
The charges were found proved.
Sanction
Katherine Foster was permanently excluded from membership of ILEX. She was also ordered to pay compensation in the sum of £500.
