Question
You are a trainee solicitor with the law firm, Gilbert, Herring & Khan LLP, based in Manchester. Your mentor, Amina Khan, who is also one
You are a trainee solicitor with the law firm, Gilbert, Herring & Khan LLP, based in Manchester. Your mentor, Amina Khan, who is also one of the partners, has just had a meeting with one of the firm's solicitors regarding some potential irregularities that have been identified in client files and the use of the firm's client account. In the light of the fact that you have a more up-to-date understanding of the SRA's professional requirements, she asks you to provide her with a confidential report highlighting the following points with regard to Kimberley:
Any possible statutory and professional regulatory provision(s) applicable to the situation
The possible classification of Kimberley's actions under both statutory and regulatory provisions
The processes and procedures that Kimberley may be subject to in relation to the classification of her actions
In addition, she asks you to highlight any potential actions by the firm, Gilbert, Herring & Khan LLP that Kimberley may point to as a reason for her behaviour. Amina emphasises the fact that this is to be kept strictly confidential and that you must only communicate with her on this matter.
Kimberley Stanton is a solicitor who works in the firm's family law department. Her clients are mainly involved in divorce proceedings. Kimberley's associate, Lulu Tarn, has been off on long-term sick leave and the firm has not employed an interim replacement to assist Kimberley. As such, Kimberley has been finding it increasingly difficult to keep up with her client's instructions.
As the number of applications for divorce become too much to handle, Kimberley decided to stockpile the correspondence in a store room and, when the period of 8 months has passed, Kimberley issued letters to her highlighting the points mentioned above.
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