I have heard that being prosecuted for fare-dodging on the London Underground can get you struck off the Roll of Solicitors. Is this right, or just an urban myth to terrify trainees? What's the best course of action in that situation - keep quiet or come clean?
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I hate to tell you this, but in theory yes it's true. Fare dodging is (at least in theory) a criminal offence. Just as being prosecuted for not having a tv licence, you are required to declare any such "matters" when you are entered on to the roll. Surprisingly enough, the Law Soc are more relaxed about minor offences (such as a caution for possession of a class B or C drug) than they are about offences of fraud. If you do have a conviction it is not necessarily a prohibition to being entered on the roll, but you may well have to provide a good explanation.
I dealt with this very situation when I was recruiting in London. We obtained a very good job offer for a candidate and at the point of taking references, it was revealed that this person was caught fare dodging. I'm not sure if this person ended up with a criminal record but it did result in the job offer being withdrawn. It is taken very seriously by prospective employers as it raises concerns over your integrity and honesty. If you've done it and been caught, you'll have to come clean (unless you want to compound concerns about your honesty) but it's a frivolous way to destroy your legal career.
The recruiter pretty much sums it all up! Do not commit the offence! Weigh it up for a second..save four quid or risk...
Been there and yes, it is a criminal offence which could prevent you from practising. In my case the ticket I had did not cover the zone in which I was at the time. While it was an honest mistake, it is very unlikely that Transport for London will believe your excuse. Anyway, I ended up settling out of court with a total of £100. And by the way the original fare should have been £1.50.
It is not worth the risk so pay your fares.
If there has been a past incident then only disclose it if you have been cautioned or charged, otherwise keep quiet and NEVER risk it again. There is far too much on the line and you could lose years of hard work over a few quid.
Pay any on the spot fine immediately. An LPC student argued the toss because his tutor had told him the Theft Act didn't work properly. He lost and is now a precedent rather than a lawyer.
It's easy to leave your ticket in the wrong jacket etc. I have done so and occasionally got caught. Pay your £20 penalty fare and, unless they insist (and unfortunately they can insist - Reg 12 Railways (Penalty Fares) Regulations 1994), do not give your name. You should obviously never give a false name, which is much more serious.
You should however refuse to sign (there is nothing requiring you to sign anything). We are not a Police State and I resent the amount of information accumulated about me by an intrusive government.
It is worrying that you should have to ask the question. Just pay your fare. If you choose not to pay the fare and get caught, the profession does not need you, and you don't deserve to be in it. It's too late when you are caught. Come clean and, yes, your career is down the toilet. Lie, then be prosecuted and you will be even worse off.
I've been caught out twice though I had no intention to deceive. Paid the £20 fine to save any hassle. I would feel very hard done by if this was to count against me.
I'm not a criminal lawyer, but would have thought that fare dodging is a fraud or obtaining a service by deception.
Unsurprisingly, any offence of dishonesty is not likely to be well-received by the Law Society or a future employer, as it goes to an individual's integrity and honesty, and their ability to be trusted with money.
Frankly, I am shocked that any law student would consider risking their career for a few quid.
I'm amazed that you should ask. A lawyer has a duty to uphold the law, as well as to be honest and trustworthy. If you are considering committing theft then you should not be thinking of entering a profession which should rely on integrity and trust. The risk of getting caught should be irrelevant. If you have genuinely forgotten that your ticket does not extend to the zone to which you have travelled, then pay the fine and apologise.
I wouldn't want to work with a thief
I also lost my tickets and was caught without a ticket in a bus, I have a court summons now and it's interesting hearing about all of this, would like to ask Mariam, (legal assistant) how she settled out of court.
Thanks
I am interested to know how to settle a criminal charge out of court as well. I'm sure there are loads of offences like these regarding careless young solicitors/trainees.
cough up
I too would like to ask Marion how she settled out of court as my son is now going through the same thing Thank you Geraldine
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