Lawyers and criminal records

Lawyers and criminal records

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Dr Jekyll

Original Poster:

23,820 posts

261 months

Monday 21st April 2014
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Is it plausible that someone with a criminal record for dangerous driving has become a solicitor?

Apparently the conviction was when he was 19, then he got his law degree in his late twenties and when straight into solicitor training. No other convictions at all.

I'd have thought the law society would have something to say about this, and I'm told it was certainly dangerous driving, not careless.

Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences.

9mm

3,128 posts

210 months

Monday 21st April 2014
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I'm sure all cases are decided on their merits. It's not as if he's a serial killer is it?

Lots of people I know drove dangerously when they were 19, myself included. Some were prosecuted, some weren't (I wasn't).

I get very uneasy when people are unable to put their past behind them.

Jasandjules

69,890 posts

229 months

Monday 21st April 2014
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Yes it is possible.

Convictions for fraud are likely to preclude someone becoming a solicitor or barrister.


carinaman

21,292 posts

172 months

Monday 21st April 2014
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Dr Jekyll said:
Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences.
I wouldn't agree with that.

A common lawyer

319 posts

128 months

Monday 21st April 2014
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Plenty of people have convictions and go on to lose their good name by becoming lawyers.

Louise Woodward (of baby-shaking fame) was OK'd for a training contract, if I recall correctly.

10 Pence Short

32,880 posts

217 months

Monday 21st April 2014
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I'm planning to read law in the next couple of years and have a conviction and prison sentence for dangerous driving.

Dr Jekyll

Original Poster:

23,820 posts

261 months

Monday 21st April 2014
quotequote all
Have you checked with the law society yet whether they will let you be a solicitor or barrister?

IanA2

2,763 posts

162 months

Monday 21st April 2014
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Dr J. You seem to have a specific person in mind. Do you have more information?

Why on earth should you think it: " Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences." What possible basis could you have for that statement?

Surely one conviction for DD at the tender age of 19yrs, should not blight his life forever.

I was convicted of DWDC when I was 16. I allegedly went through a red light, I swore it was just changing as I went through. The court thought otherwise. Shortly afterwards there was a fatal crash at the same junction. It transpired that the lights were out of sync. Was my conviction quashed, like hell it was. Could I have pursued it through the courts, probably, but at that age you have other things on your mind. Should that disqualify me from being a lawyer if that's what I wanted to be?

Dr Jekyll

Original Poster:

23,820 posts

261 months

Monday 21st April 2014
quotequote all
IanA2 said:
Dr J. You seem to have a specific person in mind. Do you have more information?

Why on earth should you think it: " Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences." What possible basis could you have for that statement?

Surely one conviction for DD at the tender age of 19yrs, should not blight his life forever.

I was convicted of DWDC when I was 16. I allegedly went through a red light, I swore it was just changing as I went through. The court thought otherwise. Shortly afterwards there was a fatal crash at the same junction. It transpired that the lights were out of sync. Was my conviction quashed, like hell it was. Could I have pursued it through the courts, probably, but at that age you have other things on your mind. Should that disqualify me from being a lawyer if that's what I wanted to be?
I do have someone in mind, but I don't want to identify them.

I certainly wasn't suggesting that the conviction SHOULD prevent him being a solicitor, I was just a bit surprised that having a criminal record didn't prevent him becoming one. DWDC doesn't involve a criminal record so is rather different. I knew someone who looked into becoming a magistrate and was told no chance on the basis of a drink driving conviction from several years before.

As for saying it's unusual for someone to have a dangerous driving conviction but no other offences, I read something to this effect years ago but I can't remember the figures. Something like 80% have either additional recordable offences or additional motoring offences.

IanA2

2,763 posts

162 months

Monday 21st April 2014
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Dr Jekyll said:
IanA2 said:
Dr J. You seem to have a specific person in mind. Do you have more information?

Why on earth should you think it: " Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences." What possible basis could you have for that statement?

Surely one conviction for DD at the tender age of 19yrs, should not blight his life forever.

I was convicted of DWDC when I was 16. I allegedly went through a red light, I swore it was just changing as I went through. The court thought otherwise. Shortly afterwards there was a fatal crash at the same junction. It transpired that the lights were out of sync. Was my conviction quashed, like hell it was. Could I have pursued it through the courts, probably, but at that age you have other things on your mind. Should that disqualify me from being a lawyer if that's what I wanted to be?
I do have someone in mind, but I don't want to identify them.

I certainly wasn't suggesting that the conviction SHOULD prevent him being a solicitor, I was just a bit surprised that having a criminal record didn't prevent him becoming one. DWDC doesn't involve a criminal record so is rather different. I knew someone who looked into becoming a magistrate and was told no chance on the basis of a drink driving conviction from several years before.

As for saying it's unusual for someone to have a dangerous driving conviction but no other offences, I read something to this effect years ago but I can't remember the figures. Something like 80% have either additional recordable offences or additional motoring offences.
I'm sure a legal pro will be along to clarify, but I'm pretty sure that both DWDC & DD are criminal offences. Might be wrong.

10 Pence Short

32,880 posts

217 months

Monday 21st April 2014
quotequote all
I don't believe a criminal record per se will bar you from the profession. That would be contrary to the law, I would imagine...

Would have thought types of offences, circumstances, punishment, notoriety and recency would all be taken into account.

98elise

26,594 posts

161 months

Monday 21st April 2014
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carinaman said:
Dr Jekyll said:
Seems odd to me, in fact it's pretty unusual for someone to have one dangerous driving conviction but no other convictions at all. Not even motoring offences.
I wouldn't agree with that.
Agreed. I would think it would be quite common for someone to have a serious driving offence under their belt, and no other others especially non driving offences.

omegac

358 posts

219 months

Monday 21st April 2014
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Lot of police with worse than that...Suppose it's about proportionality when consider the offence, time elapsed etc.

Aretnap

1,663 posts

151 months

Aretnap

1,663 posts

151 months

Monday 21st April 2014
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Seems you can be a solicitor with convictions for far more serous offences than dangerous driving (a pols for Daily Mail link, it was the first that Google threw up)

http://www.dailymail.co.uk/news/article-2290940/Ro...

anonymous-user

54 months

Monday 21st April 2014
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Dr Jekyll said:
Have you checked with the law society yet whether they will let you be a solicitor or barrister?
It's not up to the Law Society. The Law Society has nothing to do with barristers, and is no longer the regulator of solictors.

A bloke I know was done for criminal damage when he was an undergraduate. He is now a successful silk.

The apparent notion that a driving conviction should blight someone's career seems to me mean spirited, and it's also unrealistic.

carinaman

21,292 posts

172 months

Monday 21st April 2014
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Breadvan72 said:
The apparent notion that a driving conviction should blight someone's career seems to me mean spirited, and it's also unrealistic.
Indeed. That would be like banning you from here for your two speeding offences and your Speed Awareness Course piece. wink

That Range Rover was a licence loser.

Dr Jekyll

Original Poster:

23,820 posts

261 months

Monday 21st April 2014
quotequote all
Breadvan72 said:
Why should that conviction have the slightest bearing on this person's ability to practise law? What do you think should happen, OP? Do something bad when you are 19 and pay for it for the rest of your life?
I'm not saying it has any bearing on his ability to practice law, neither am I suggesting it SHOULD have any effect on his chances of qualifying as a solicitor. I'm just somewhat surprised that a criminal record isn't a barrier to becoming a solicitor, and the link to the Solicitors Regulation Authority would imply that it is, even if not an impassable one.

Anyway, what's the point of maintaining criminal records if not to be relevant for the rest of someone's life?

anonymous-user

54 months

Monday 21st April 2014
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Bloody was!

Now I have got sensible and replaced it with a Series Three Landy. Try getting done speeding in that!

IanA2

2,763 posts

162 months

Monday 21st April 2014
quotequote all
Dr Jekyll said:
Anyway, what's the point of maintaining criminal records if not to be relevant for the rest of someone's life?
I'm not sure you are you being serious? If you are, try getting your head around the thinking behind the Rehabilitation Of Offenders Act.