Alison Heylin & Clive Heylin

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

Alison Heylin, sole director of a small legally-aided family law firm, admitted six allegations including dishonesty regarding two £5,000 transfers from client to office account on 11 January 2011 made while bailiffs were in the office. The firm (via her husband, the Practice Manager) had committed numerous accounts rules breaches over about two years, causing a client account shortage of over £55,000, later fully rectified. The Tribunal found all allegations proved on admission, including an express finding of dishonesty. However, it found exceptional circumstances (her clinical depression, retrospective rather than advance consent, rapid repayment, short duration, no client loss) justifying departure from the usual strike-off. She was suspended for three years with post-suspension conditions. Her husband received a s43 order. Costs of £14,000 were ordered jointly and severally, enforceable only by charge on their jointly owned property.

Duties found breached:

• Disclose adverse law to the court
• Honesty
• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Breaches of the accounts rules occurred over a period of about two years
• Client account shortage of £55,517.83 unremedied for around three years
• Client money used to pay the firm's trade creditors

Mitigating factors:

• First Respondent suffering from clinical depression (mental disorder) at the relevant time affecting her judgment
• Consent to the dishonest transfers was retrospective rather than given in advance; not properly consulted
• Money repaid within about a month; dishonesty of short duration
• No client suffered actual loss and no claims on Compensation Fund
• Full and early admissions and cooperation throughout the investigation and proceedings
• No previous disciplinary findings
• Genuine insight and remorse; positive testimonials and strong professional reputation
• Firm operated in a deprived area doing publicly funded family law work with little working capital