Kenneth Bentley Van Emden & Another

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Two partners of Blackman Van Emden faced allegations of Solicitors Accounts Rules breaches. Both admitted allegations (i)-(iv) relating to accounts breaches and inadvertent use of client funds. Mr Van Emden faced additional allegations, three of which involved dishonesty: making misleading representations to a client (Mrs J) and to Harold Benjamin Solicitors, and misappropriating client funds through 'billing off' modest credit balances. The Tribunal found all allegations substantiated and expressly found Mr Van Emden dishonest under the Twinsectra test. He was struck off and ordered to pay £18,000 costs. The First Respondent, involved only by virtue of being an equity partner with no knowledge or personal culpability, was reprimanded and ordered to pay £2,000 costs. Total costs awarded were reduced to £20,000 (half of £40,000) due to Law Society delay.

Duties found breached:

• Proper basis for allegations
• No taking unfair advantage
• No improper use of client money
• Orderly wind-down and contingency cover
• Report serious misconduct of others

Aggravating factors:

• Solicitor of many years' experience knew conduct was improper
• Drawing bills and making transfers where work not undertaken and bills not delivered to clients
• Concocting a story to conceal activity and misleading Harold Benjamin

Mitigating factors:

• 30 year previously unblemished career
• No client suffered ultimate loss; shortages rectified
• Charitable and community involvement
• Culpable and unexplained delay by The Law Society