Managing Partner suspended one year for backdating client document
The client care letter, which included standard business terms, was a key document in a case that later led to a negligence claim—though no direct financial loss was reported by the client.
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Jonathan Peter Durkin, managing partner of Prosperity Law’s Liverpool office, has been suspended from legal practice for 12 months after admitting to backdating a client care letter. Durkin, who was admitted as a solicitor in 2012, acknowledged that he altered the document to make it appear it was created and/or sent in 2020, although it was actually produced in 2023.
The client care letter, which included standard business terms, was a key document in a case that later led to a negligence claim—though no direct financial loss was reported by the client.
Durkin accepted full responsibility for the misconduct, admitting he breached the Code of Conduct and that his actions were reckless.
In its decision, the Solicitors Disciplinary Tribunal (SDT) commented that although it initially questioned whether backdating could be viewed as anything but dishonest, it was ultimately convinced that it would be disproportionate to insist on a full hearing given both parties had accepted the seriousness of the misconduct.
The tribunal noted that, despite no financial loss to Client A, the misconduct had negatively impacted Firm B and tarnished the reputation of the profession.
It acknowledged Durkin’s mitigation that his actions were influenced by stress, excessive workload, and personal challenges at the time.lt of being stressed, overworked and dealing with personal issues,” the judgment said.
Originally, a three-month suspension had been proposed. However, following the SDT's suggestion for a more significant penalty, both Durkin and the Solicitors Regulation Authority (SRA) agreed on a 12-month suspension, which the tribunal approved.
In addition to the suspension, which begins on 23 July 2025, Durkin has been ordered to pay £24,885 in costs.
