Leigh Day will await the outcome of its Solicitors Disciplinary Tribunal hearing before reaching a conclusion on 600 remaining cases from Iraq, its managing partner has said.
Frances Swaine, who is also a partner in the human rights department, told the tribunal she did not know how many of those cases were referred to the firm by middleman Mazin Younis and how many were through Phil Shiner of Public Interest Lawyers. The firm's agreement with Younis has been terminated, she said.
SRA prosecuting counsel Andrew Tabachnik QC said one of the questions that will arise should the tribunal decide that the arrangements breach rules 'is what the consequences are in terms of the firm's obligations in those agreements'.
Swaine replied: 'I think we have thought about a very wide number of scenarios but come to no actual conclusions.'
The tribunal heard that, between 17 April 2014 and 5 May 2014, there was an 'enormous amount' happening at the firm - email correspondence, discussions and management board meetings - as partners 'were involved in trying to deal with the media torrent and sort out internally what they thought had gone wrong'.
Tabachnik highlighted one particular email from Swaine with questions he said were directed primarily to the firm's senior partner, Martyn Day, asking if the firm believed its clients and, if not, when the firm decided not to believe them.
'I do not recall seeing an email response from him to your questions,' Tabachnik said. However, Swaine said she would not have expected all her questions to have been addressed in an email, noting that people would also have been 'in each other's rooms trying to sort it out'.
Swaine was also questioned about a report prepared for the firm's management board. An earlier version listed possible criticisms, recommendations and 'further thoughts', Tabachnik noted.
Leigh Day and three solicitors – Day, Sapna Malik and Anna Crowther – all deny wrongdoing in connection with claims brought against the Ministry of Defence over alleged atrocities by British forces in Iraq.
Swaine's evidence session concluded week four of what is expected to be a seven-week hearing. Following her session, counsel for both parties were informed that the tribunal will not be available after 9 June.
Leigh Day: 600 Iraq cases remaining, tribunal hears
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