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Will This Affect His Career In General
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My boyfriend is s solicitor. Last year a nutcase (old client) raged a social media campaign against him and also made a false claim to the police about him. It got so bad that a Legal Regulatory Body called him and told him to explain all the stuff about him being put on social media and if any of it was true. The nutcase was eventually caught. But dispite my boyfriends apparent strong like composure I know he's holding things back and not telling me his fears for the future. My question is, will this affect his career with the firm he works with and his career in general?
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SP, some come onto AB for a simple pleasure of sligging off another ABer. and yes I know a lot about GMC regulatory procedures ( I still do defence work if anyone needs support ) and all regulation is based on the GMC system because it has turned out to be hem hem 'successful'
Your boyfriend will have found quite a lot of the legal principles he used day to day dont apply to regulation
The false claim to the police - that will have been adjudged to be a non starter on a criminal basis ( beyond reasonable doubt )
Then the regulators have another go - at civil level - on the balance of probablity. No - the judges have declared clearly this is not double jeopardy. The lawyers worked hard to get doctors involved in endless regulation and then liked it less to find it applied to themselves as well.
A complaint can be generated by the regulator itself - nutcase doesnt have to go to them. This is also lawful
The decision to bring a case lies also with the regulator and the criteria are pretty crazy - is there a chance that fitness to practise is impaired ? what are the prospects of showing it at a level of balance of probabliities ? if your boyfriend has shown you how to read law cases then this is of interest ( 'a leading case')
http://
All the terms change - for doctors the prosecution is 'The GMC'.
The defence is 'the practitioner' - the verdict is 'the determination'.
The judges are 'the panel' They dont decide - "they determine" blah blah it goes on and on.
it sounds pretty clear in your bf's case that no case took place - or "the panel determined that fitness to practise was not impaired" did not ever occur
So they instituted an investigation ( or perhaps only preliminary inquiries ) and then left off without er a determination .
AND SO.......
what can he do about it ?
Suing nutcase he will have told you is a non starter
getting a restraining order will have to discussed with the partners at work ( looks like "gagging" - altho he will say it looks like getting a damned liar to shut up )
HE needs to see his GP - not you
He of course will be discussing it with his partners/employers -
they will have differing views
In my own case 1986 - which started my long, lonely career in supporting accused doctors er I did other things as well- one said - "if the heat in the kitchen is too hot get out of the profession"
and another said "no smoke without fire, PP!" a phrase I used with devastating effect thirty years later when we needed to get him to retire -so, I clearly wasnt getting much support from colleagues
But at least I knew where I was with them - and didnt call on their support after that but did tell them where i was up to.
The GMC - having been forced by outside agencies looking at the number of self harm ( 28 deaths in a year ) in accused doctors - has funded its own support services with the BMA
If you look at the Ebola case ( junior doctor suspended for a month for misleading Dr Gent an investigator - no - NOT for falsifying a temperature chart which was NOT in her handwriting - ) you can see why there is gross mistrust of the regulator. [the consultant in charge of the ebola screening centre said he wasnt in charge except for pay-day - and it was agreed the raised temp had been declared at the time and ignored. He didnt get screwed by the GMC even tho it looked as tho he was the direct cause of the Glasgow Ebola case] Dr Gent wimpered by telephone that he had no intent his notes on spread of a disease and its further prevention should be used in regulation - because no one would speak to him in the future.
I have looked at the Law Society site and they havent done that at all and so..... it is down to you - his support group = family and the GP.
The Sarndrah Horsfall review of doctors disciplinary is here
https:/
Your boyfriend will have found quite a lot of the legal principles he used day to day dont apply to regulation
The false claim to the police - that will have been adjudged to be a non starter on a criminal basis ( beyond reasonable doubt )
Then the regulators have another go - at civil level - on the balance of probablity. No - the judges have declared clearly this is not double jeopardy. The lawyers worked hard to get doctors involved in endless regulation and then liked it less to find it applied to themselves as well.
A complaint can be generated by the regulator itself - nutcase doesnt have to go to them. This is also lawful
The decision to bring a case lies also with the regulator and the criteria are pretty crazy - is there a chance that fitness to practise is impaired ? what are the prospects of showing it at a level of balance of probabliities ? if your boyfriend has shown you how to read law cases then this is of interest ( 'a leading case')
http://
All the terms change - for doctors the prosecution is 'The GMC'.
The defence is 'the practitioner' - the verdict is 'the determination'.
The judges are 'the panel' They dont decide - "they determine" blah blah it goes on and on.
it sounds pretty clear in your bf's case that no case took place - or "the panel determined that fitness to practise was not impaired" did not ever occur
So they instituted an investigation ( or perhaps only preliminary inquiries ) and then left off without er a determination .
AND SO.......
what can he do about it ?
Suing nutcase he will have told you is a non starter
getting a restraining order will have to discussed with the partners at work ( looks like "gagging" - altho he will say it looks like getting a damned liar to shut up )
HE needs to see his GP - not you
He of course will be discussing it with his partners/employers -
they will have differing views
In my own case 1986 - which started my long, lonely career in supporting accused doctors er I did other things as well- one said - "if the heat in the kitchen is too hot get out of the profession"
and another said "no smoke without fire, PP!" a phrase I used with devastating effect thirty years later when we needed to get him to retire -so, I clearly wasnt getting much support from colleagues
But at least I knew where I was with them - and didnt call on their support after that but did tell them where i was up to.
The GMC - having been forced by outside agencies looking at the number of self harm ( 28 deaths in a year ) in accused doctors - has funded its own support services with the BMA
If you look at the Ebola case ( junior doctor suspended for a month for misleading Dr Gent an investigator - no - NOT for falsifying a temperature chart which was NOT in her handwriting - ) you can see why there is gross mistrust of the regulator. [the consultant in charge of the ebola screening centre said he wasnt in charge except for pay-day - and it was agreed the raised temp had been declared at the time and ignored. He didnt get screwed by the GMC even tho it looked as tho he was the direct cause of the Glasgow Ebola case] Dr Gent wimpered by telephone that he had no intent his notes on spread of a disease and its further prevention should be used in regulation - because no one would speak to him in the future.
I have looked at the Law Society site and they havent done that at all and so..... it is down to you - his support group = family and the GP.
The Sarndrah Horsfall review of doctors disciplinary is here
https:/
jesus bit of a long one
sorry SP
basically you are on your own
can you magic it to make it go away
no it is one of things that are here to stay and you and bf have to get thro it
This is what happened to local solicitors who looked on themselves as cutting edge - thrusting - new - much better than sticks in the mud
My complaint was looked on as a sentinel event
http://
sentinel event is an early warning event that in retrospect should have been acted on. You are wondering if bf complaint ( or little difficulty) will be looked on as a sentinel event
Big big deal in 1999-2000 and you hardly ever hear about it now
so it is difficult to say - even if you give further details which I dont want by the way
Is the Law Society allowed to bank up complaints ?
( small one- no ... small one - no action..... oops third small complaint - time to act on all three ...) complex rules on that
one of my co workers is facing a case from before I retired ( 2012) - is that banking up complaints or sheer damned inefficiency and slowness ?
sorry SP
basically you are on your own
can you magic it to make it go away
no it is one of things that are here to stay and you and bf have to get thro it
This is what happened to local solicitors who looked on themselves as cutting edge - thrusting - new - much better than sticks in the mud
My complaint was looked on as a sentinel event
http://
sentinel event is an early warning event that in retrospect should have been acted on. You are wondering if bf complaint ( or little difficulty) will be looked on as a sentinel event
Big big deal in 1999-2000 and you hardly ever hear about it now
so it is difficult to say - even if you give further details which I dont want by the way
Is the Law Society allowed to bank up complaints ?
( small one- no ... small one - no action..... oops third small complaint - time to act on all three ...) complex rules on that
one of my co workers is facing a case from before I retired ( 2012) - is that banking up complaints or sheer damned inefficiency and slowness ?
the partners' response will depend on the facts of the case, their perception of the case and its handling and outcome
( and I am afraid - things like parking spaces and competition for chairs on local tribunals when they come up )
He will be appraised ( everyone is nowadays)
and he needs to take that into account
He should take a positive attitude - opportunity for learning about the issue and how to deal with complaints
CPD on the issue to make sure he hasnt made any slips
CPD on client handling
and I would suggest a reflective diary
( these are all standard things demanded by my regulator)
as for promotion - it should be decided between candidates on the day
at present the thing is to get thro it
get something out of it
and not go crazy
Good luck
you are both in rather a dark place
and things will get better
( and I am afraid - things like parking spaces and competition for chairs on local tribunals when they come up )
He will be appraised ( everyone is nowadays)
and he needs to take that into account
He should take a positive attitude - opportunity for learning about the issue and how to deal with complaints
CPD on the issue to make sure he hasnt made any slips
CPD on client handling
and I would suggest a reflective diary
( these are all standard things demanded by my regulator)
as for promotion - it should be decided between candidates on the day
at present the thing is to get thro it
get something out of it
and not go crazy
Good luck
you are both in rather a dark place
and things will get better
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