A solicitor claimed the pressures of the pandemic brought about ‘misplaced compassion’ rather than any attempt to be dishonest in a recent Solicitor’s Disciplinary Tribunal at which she was reprimanded for the failure to properly witness a lasting powers of attorney (LPA).
In a case the tribunal described as ‘a reminder that even experienced professionals can make serious errors in judgment under extreme stress’ Elizabeth Oruene Ikiriko a solicitor with 22 years’ experience, was sanctioned after finding she breached professional standards when witnessing an LPA in June 2021. The case centred on allegations Ikiriko falsely attested to witnessing both donors sign the LPA in her presence, despite one party signing at home.
The events began in May 2021, when Ikiriko claimed to have held an initial telephone consultation with Client B and his partner, Person A, regarding an LPA intended to facilitate a proxy marriage in Cameroon. In June 2021, Client B attended Ikiriko’s London office alone, citing COVID-19 concerns and the need to protect their newborn. Ikiriko allowed him to sign the LPA and take it home for Person A to sign, later signing as a witness for both parties. The document stated both had signed in her presence.
Ikiriko sent a closing letter in June 2021, acknowledging receipt of the “Joint Power of Attorney, now fully signed by you and your partner,” noting that the concession for Person A to sign remotely was “strictly on compassionate grounds.” A proxy marriage took place later in the month. Person A discovered the marriage certificate in March 2022 and lodged a complaint with the Solicitors Regulation Authority (SRA) in September 2022. Following an investigation, the SRA referred the matter to the Tribunal in June 2024.
The SRA alleged breaches of Principles 2 (public trust), 4 (honesty), and 5 (integrity) of the SRA Principles 2019, and relevant provisions of the Code of Conduct. It argued that Ikiriko’s actions misled third parties and failed to protect Person A’s best interests.
In its closing remarks the tribunal acknowledged the context of the time and the impact of COVID-19, but said ‘solicitors must seek help or a second opinion where objectivity is at risk.’
The Tribunal found Ikiriko has not acted dishonestly, accepting she had acted from “misplaced compassion” rather than intent to deceive, influenced by her traditional moral beliefs about marriage and the extraordinary circumstances of the COVID-19 pandemic. She had recently returned to work after a near-fatal bout of COVID-19, multiple bereavements, and ongoing health issues.
However, the Tribunal held that Ikiriko lacked integrity by signing an untrue declaration without amending the LPA or ensuring proper safeguards. It also found she failed to act in Person A’s best interests by not considering potential duress or conflicts of interest. Allegations of recklessness were dismissed, as the Tribunal concluded Ikiriko did not perceive the professional risks at the time.
In mitigation Ikiriko had an unblemished 22-year career, strong character references, and evidence of remorse. The misconduct was a single episode, not motivated by personal gain, noting the fee charged was £60, and occurred under exceptional stress. Nonetheless, it emphasised that solicitors must maintain professional objectivity, even in challenging circumstances.
“The drafting of a Power of Attorney is a significant and serious event. The rules on witnessing donors’ signatures exist for very good reason.”
The Tribunal imposed a six-month suspension, suspended for one year, conditional on Ikiriko completing 10 hours of CPD on professional standards. She was also ordered to pay £15,000 in costs, reduced from £30,855 due to partial success in defending the dishonesty allegation and deficiencies in the SRA’s investigation.
