Blog
Legal Professional Privilege cannot be defeated by the FRC’s interpretation of its disclosure regime
Julie Matheson
Sian is an Associate in the Regulatory team and has practised exclusively in this field since 2010.
Sian is a defence lawyer and is instructed to act on behalf of professionals across all regulated sectors, including the legal, finance and health sectors. Sian advises on all aspects of a professional’s regulatory obligations and responsibilities, in anticipation of disciplinary investigations as well as providing advice in order to avoid them.
Sian frequently advises professionals when they are facing allegations of serious breaches of professional guidelines or in cases of alleged misconduct, including allegations of dishonesty and breaches of professional boundaries.
In the legal sector Sian mainly acts for solicitors and firms in respect of investigations commenced by the Solicitors Regulation Authority (SRA). She has also advised on disclosure obligations under the Code of Conduct, challenging section 43 Orders and applications for admission where character and suitability is called into question. More recently, she has been advising firms and individuals in respect of complaints and investigations into sexual misconduct following the #MeToo movement.
In the finance sector, Sian has recently acted for accountants regulated by the Institute of Chartered Accountants in England and Wales (ICAEW) and the Association of Chartered Certified Accountants (ACCA). Sian has also been instructed to advise loss adjusters regulated by the Chartered Institute of Loss Adjusters (CILA) and surveyors regulated by the Royal Institution of Chartered Surveyors (RICS).
In the health and social care sector, Sian has acted for dentists, doctors and nurses. However, Sian has developed a niche practice defending psychotherapists, psychoanalysts and counsellors in proceedings brought by the British Association of Counselling and Psychotherapy (BACP), United Kingdom Council for Psychotherapy (UKCP), British Psychoanalytic Council (BPC) and Centre for Freudian Analysis and Research (CFAR).
Sian also has experience of advising regulated professionals under criminal investigation in anticipation of subsequent regulatory proceedings. These are often complex and sensitive cases. Sian has a well-deserved reputation for robustly challenging regulators whilst at same time, helping her clients to manage the unknown, unfamiliar and unnerving situation they find themselves in.
Sian’s experience in working both for and against regulators means that she is uniquely placed to identify the most effective ways to secure a favourable outcome for her clients. Sian understands all dimensions of the disciplinary process, enabling her to take effective strategic decisions as to the investigation and presentation of a case. Sian’s clients benefit from her fastidious and meticulous approach ensuring that every possible avenue is explored.
Sian has also secured success for a professional in the High Court by challenging decisions taken in the course of a disciplinary regime by way of Judicial Review.
PROFESSIONAL SOCIETIES AND MEMBERSHIPS
- The Law Society
- Association of Regulatory and Disciplinary Lawyers (ARDL)
- The Honourable Society of Lincoln's Inn
- Bar Council
Published work
- 'White & Case: the shape of things to come in SDT cases?' The Law Society Gazette, September 2017
- 'Duplication of enforcement' The Law Society Gazette, January 2017
- 'Close the loophole on therapists and counsellors', HSJ, November 2014