A solicitor who asked his client to retract a complaint made to the Solicitors Regulation Authority has avoided prosecution at the tribunal.
In a regulatory settlement, the SRA said it had agreed with Gordon Sewell that he should be fined £750 and pay £2,175 costs. By entering the agreement, the regulator confirmed, a previous decision to refer Sewell to the Solicitors Disciplinary Tribunal was overturned.
Sewell had written directly to a client who had made a statement to the SRA, saying their complaint was ‘defamatory’ and that comments made were not true.
He asked the client to ‘reconsider’ their statement and retract comments about his character, adding: ‘If you are not prepared to do this or do not reply, I will need to consider my position further, including how I deal with the defamatory statements made about me.’
The solicitor admitted that this demand to the client breached the code of conduct.
Sewell, a solicitor for 16 years, was in practice with Hull firm Williamsons when he acted for two clients in relation to the purchase of a residential property. The owner of an adjacent farm gave an assurance that they would be able to access electricity, and the firm did not advise on this issue before the sale was completed in 2018.
Almost a year later, Sewell accepted instructions to act for the same clients of the property following a dispute over the electricity access.
The solicitor was informed by opposition lawyers that he was conflicted and should not act in the dispute, but he continued to do so. The presiding judge dealing with the dispute commented at the court hearing there was a clear conflict between the clients and what they had been told by the firm.
Litigation against the farm owner failed, and the clients instructed a barrister to pursue the firm for negligence: that barrister then reported his concerns to the SRA.
The regulator found no record of Sewell having considered whether to take instructions despite the prospect of a negligence claim, and no record that he advised them to seek independent legal advice.
Sewell admitted acting in circumstances giving rise to an own interest conflict. He now works for Sewell Law Limited based in Beverley.
