Legal Definitions - striking off the roll

Striking off the roll is a severe disciplinary action taken against a solicitor, which means permanently removing their name from the official register of qualified legal practitioners. Once struck off, the individual is no longer legally permitted to practice as a solicitor. This action is typically reserved for cases of serious professional misconduct, dishonesty, or a breach of professional ethics so grave that it undermines public trust in the legal profession. It is the equivalent of "disbarment" for barristers in some legal systems.

Here are some examples illustrating when a solicitor might be struck off the roll:

• Example 1: Misuse of Client Funds

  A solicitor, Mr. Davies, was found to have repeatedly transferred funds from his client's trust account into his personal bank account, using the money for personal expenses without the client's knowledge or consent. This act constituted a grave breach of trust and professional ethics, specifically the misuse of client funds. Such dishonesty directly violates the fundamental principles of the legal profession, leading to a disciplinary tribunal deciding to strike Mr. Davies off the roll. This ensures he can no longer handle client money or practice law, protecting the public.

• Example 2: Deliberate Deception and Fraud

  Ms. Chen, a solicitor specializing in property law, was discovered to have deliberately falsified documents and misled a court during a complex land dispute to benefit a client who was also a close family member, thereby gaining an unfair advantage for her client. Falsifying documents and misleading a court are acts of extreme dishonesty and a direct affront to the integrity of the justice system. A disciplinary body would view this as a fundamental betrayal of a solicitor's duty to uphold the law and act with integrity. Consequently, Ms. Chen would face being struck off the roll, preventing her from practicing law due to her severe ethical breach.

• Example 3: Persistent and Harmful Professional Negligence

  Mr. Evans, a solicitor, consistently failed to meet deadlines, ignored court orders, and neglected to communicate critical information to his clients, leading to several clients losing their cases and suffering significant financial detriment. Despite previous warnings and lesser sanctions, his conduct did not improve. While a single instance of negligence might lead to a lesser sanction, a pattern of repeated and severe professional negligence, especially when it causes significant harm to clients and demonstrates a disregard for professional duties and court processes, can be deemed gross misconduct. If a disciplinary panel determines that Mr. Evans is unfit to practice due to this persistent and harmful incompetence, they would strike him off the roll to protect future clients from similar harm.