Clerk banned from profession over fake client emails
26th Aug 2016
A conveyancing clerk has been rebuked and banned from working in the legal profession without the regulator’s permission after creating two emails purportedly from a client.
Non-solicitor Graham Borley, of Claughton, Wirral, worked in the property department at Morecrofts, Liverpool, between June 2009 and November 2014 when the firm reported him to the Solicitors Regulation Authority. During his employment, Borley was found to have created two emails which were purportedly from a client.
“These emails had the potential to cause loss to this client as they purported to give instructions to the firm to use part of the funds held for this client to settle sums due on other matters that were unconnected with this client,” a decision published on the regulator’s website. “It was found that Mr Borley took steps to conceal his actions and that his conduct misled the firm’s finance partner.”
The decision called Borley’s conduct “dishonest”, and ntoed that “his actions also breached principles 2 and 6 of the SRA principles.”
Borley was given a written rebuke, and ordered to pay a financial penalty of £7,500 as well as the SRA’s costs of £1,350 in investigating the matter. His current practising details are unknown.
The SRA made a section 43 order (control of non-qualified staff), saying it would be undesirable for Borley to be involved in a legal practice in any of the ways described in its decision, except in accordance with the regulator’s permission.
Morecrofts managing partner Alison Lobb, on behalf of the firm,said that “Morecrofts have very strict supervisory procedures which enabled us to immediately identify and report Mr Borley’s behaviour to the SRA. His employment with the firm was terminated.”
“The SRA have thanked us for reporting him and assisting them throughout this investigation,” Lobb concluded.