By Ashley Young-
A senior solicitor with a British law firm has been fined £4,000 after using the derogatory word for homosexuals, ‘poofter’, during an informal after-work gathering of their staff.
Charles Jerome Darby, a solicitor and manager with Freeths- a Law firm with 13 offices across the Uk, used the word in July 2019 after a colleague who noted it was acceptable in certain circumstances to refer to Travellers as Gypsies attempted to apply the same level of flexibility in the use of the word po0fter.
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Darby asked whether it was acceptable to refer to a homosexual trainee solicitor as a ‘poofter’, offending the trainee in the process who reported the comment.
The colleague made a complaint about Darby and the firm finding he had used issued a warning him about his conduct over the next 24 months.Darby also offered to apologise to the colleague for his comments, which was noted by the firm when making its decision.
However, the SRA took a more stringent stance with the aim of establishing a deterrent for others in any future cases.
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The SRA decided to fine Darby £4,000, after he admitted two counts of misconduct.. The regulator noted that as manager of the firm he was expected to have a greater understanding of the need to respect and encourage diversity and of the SRA’s rules about handling client money.
In mitigation, Darby said he had cooperated with the firm’s and the SRA’s investigations, had offered to apologise to the colleague who was the subject of his comment, and had undertaken training on the accounts rules. As well as his fine, he must also pay £600 investigation costs.
Darby had also breached accounts rules after being asked by a client to have a debt paid into the firm’s client account, rather than direct to their own client. Darby had told the client the firm could only accept the money if it had been instructed in relation to the underlying transaction, but eventually the £123,668 debt was paid into the client account and Darby arranged for it to be forwarded to the client.
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