Amelans, Manchester Reviews & Information

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Barlow House, 708-710 Wilmslow Rd, Didsbury, Manchester, Lancashire, M20 2FW


Languages spoken Bengali, English, Welsh 
Size of firm 8 solicitors


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Legal services at this branch

  • Advocacy
  • Insurance
  • Litigation - general
  • Personal injury


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Compiled from data from the Solicitors Regulation Authority website

28/05/16

Source: https://www.sra.org.uk/consumers/solicitor-check/630312.article?Decision=2016-05-28

Outcome: Rebuke
This outcome was reached by SRA decision.
Reasons/basis

1. Ms Ewelina Niemczyk agrees to the following outcome of the investigation into her professional conduct under reference CDT/1127050-2014.

Background

2. Ms Niemczyk was employed as a paralegal at Amelans Solicitors (570220) from 2 January 2008 until 20 November 2014 when she was dismissed for gross misconduct.
3. In November 2013, a friend of Ms Niemczyk, Miss P, referred her seven year old niece to Amelans Solicitors to be represented on a personal injury claim, having been involved in a road accident. Miss P acted as her niece's litigation friend. Ms Niemczyk had some dealings on the matter, but she was not the main fee earner with conduct of the matter.
4. A hearing took place on 14 November 2014. Ms Niemczyk formed the view that Miss P had lied to the Court. After finishing work on the same day, Ms Niemczyk sent text messages to Miss P which were abusive in nature. On 17 November 2014, Miss P made a formal complaint to Amelans Solicitors about the text messages from Ms Niemczyk. Amelans Solicitors reported the matter to the SRA on the same date.
5. On 3 November 2015, the SRA wrote to Ms Niemczyk raising allegations of professional misconduct. Ms Niemczyk responded to the allegations on 23 November 2015.

Admissions

6. Ms Niemczyk admits and the SRA accepts that by sending the text messages, she:
a) Failed to act with integrity contrary to Principle 2 of the SRA Handbook 2011.
b) Behaved in a way that does not maintain the trust the public places in her and in the provision of legal services contrary to Principle 6 of the SRA Handbook 2011.
c) Failed to achieve Outcome 2.1 which states that you do not discriminate unlawfully, or victimise or harass anyone, in the course of your professional dealings.

Mitigation

7. Ms Niemczyk refers to the following by way of mitigation for the breaches admitted above:
a) She accepts that her behaviour was unacceptable and she should not have acted that way. Ms Niemczyk states that it was a lapse of judgement on her part. She was unclear as to appropriate communication with Miss P as she was her best friend as well as a client of the firm.
b) Before this incident, she had not been the subject of any informal or formal disciplinary proceedings.
c) The incident occurred shortly after a close family bereavement which she found very difficult to deal with.

Conclusion
Sanction

8. In relation to the admissions in paragraph 6 above, the SRA considers that Ms Niemczyk should be given a written rebuke in relation to her conduct, such a rebuke being given by this Agreement.
9. The SRA considers this to be a proportionate outcome in the public interest because Ms Niemczyk?s conduct was deliberate and was neither trivial nor justifiably inadvertent.
10. Ms Niemczyk agrees that this Agreement may be published by the SRA and that it may also be disclosed to any person upon request or otherwise.
11. Ms Niemczyk agrees that she will not act in any way inconsistent with this agreement for example, by denying the misconduct admitted in paragraph 6 above.
12. If Ms Niemczyk acts in a way which is inconsistent with this Agreement, all issues may be referred for consideration of her conduct which may result in a disciplinary sanction or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and also on the basis that such failure to comply may also constitute a breach of Principles 2, 6 and 7 of the SRA Principles 2011.
13. Ms Niemczyk agrees to pay a contribution to the costs of the investigation in the amount of ?200, such costs to be paid within 28 days of this agreement.

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Compiled from data from the Solicitors Regulation Authority website

28/05/16

Source: https://www.sra.org.uk/consumers/solicitor-check/630312.article?Decision=2016-05-28

Outcome: Rebuke
Outcome details

This outcome was reached by SRA decision.

Reasons/basis



1. Ms Ewelina Niemczyk agrees to the following outcome of the investigation into her professional conduct under reference CDT/1127050-2014.



Background



2. Ms Niemczyk was employed as a paralegal at Amelans Solicitors (570220) from 2 January 2008 until 20 November 2014 when she was dismissed for gross misconduct.

3. In November 2013, a friend of Ms Niemczyk, Miss P, referred her seven year old niece to Amelans Solicitors to be represented on a personal injury claim, having been involved in a road accident. Miss P acted as her niece's litigation friend. Ms Niemczyk had some dealings on the matter, but she was not the main fee earner with conduct of the matter.

4. A hearing took place on 14 November 2014. Ms Niemczyk formed the view that Miss P had lied to the Court. After finishing work on the same day, Ms Niemczyk sent text messages to Miss P which were abusive in nature. On 17 November 2014, Miss P made a formal complaint to Amelans Solicitors about the text messages from Ms Niemczyk. Amelans Solicitors reported the matter to the SRA on the same date.

5. On 3 November 2015, the SRA wrote to Ms Niemczyk raising allegations of professional misconduct. Ms Niemczyk responded to the allegations on 23 November 2015.



Admissions



6. Ms Niemczyk admits and the SRA accepts that by sending the text messages, she:



a) Failed to act with integrity contrary to Principle 2 of the SRA Handbook 2011.

b) Behaved in a way that does not maintain the trust the public places in her and in the provision of legal services contrary to Principle 6 of the SRA Handbook 2011.

c) Failed to achieve Outcome 2.1 which states that you do not discriminate unlawfully, or victimise or harass anyone, in the course of your professional dealings.





Mitigation



7. Ms Niemczyk refers to the following by way of mitigation for the breaches admitted above:



a) She accepts that her behaviour was unacceptable and she should not have acted that way. Ms Niemczyk states that it was a lapse of judgement on her part. She was unclear as to appropriate communication with Miss P as she was her best friend as well as a client of the firm.

b) Before this incident, she had not been the subject of any informal or formal disciplinary proceedings.

c) The incident occurred shortly after a close family bereavement which she found very difficult to deal with.





Conclusion

Sanction



8. In relation to the admissions in paragraph 6 above, the SRA considers that Ms Niemczyk should be given a written rebuke in relation to her conduct, such a rebuke being given by this Agreement.

9. The SRA considers this to be a proportionate outcome in the public interest because Ms Niemczyk?s conduct was deliberate and was neither trivial nor justifiably inadvertent.

10. Ms Niemczyk agrees that this Agreement may be published by the SRA and that it may also be disclosed to any person upon request or otherwise.

11. Ms Niemczyk agrees that she will not act in any way inconsistent with this agreement for example, by denying the misconduct admitted in paragraph 6 above.

12. If Ms Niemczyk acts in a way which is inconsistent with this Agreement, all issues may be referred for consideration of her conduct which may result in a disciplinary sanction or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and also on the basis that such failure to comply may also constitute a breach of Principles 2, 6 and 7 of the SRA Principles 2011.

13. Ms Niemczyk agrees to pay a contribution to the costs of the investigation in the amount of ?200, such costs to be paid within 28 days of this agreement.

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