David Baynon Crosby
Allegation / charges
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
David Banyon Crosby, a partner, COLP and COFA at Crosby & Woods, faced three allegations brought by the SRA. The Tribunal found all allegations proved, including dishonesty. Allegation 1.1: between 8 July and 15 September 2021 he attempted to mislead the SRA investigation into Client A's Personal Injury Trust by falsely claiming he was not the fee earner, providing five letters to Client A that were not genuine, and providing a non-genuine file review memo purportedly written by Mr Scott. Allegation 1.2: between 3 May 2018 and 3 May 2020 he caused or allowed the Firm to withdraw client account monies for costs without prior written notification, causing a shortage of £39,660. Allegation 1.3: in February 2021 he provided misleading information on the Firm's PII proposal form regarding Mr Rippon's status. The Tribunal applied the Ivey test and found dishonesty. It did not find a breach of paragraphs 3.2 and 3.3 of the Code for Firms as not particularised. The hearing proceeded in Mr Crosby's absence. The Tribunal determined strike-off was the only appropriate and proportionate sanction absent exceptional circumstances.
Duties found breached:
- Client-care and engagement terms
- Honesty
- Integrity
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
- Prompt accounting and return of money
- Uphold public trust in the profession
Aggravating factors:
- Conduct was dishonest
- Fabrication of documents provided to the regulator
- Attempt to mislead the regulatory body to protect his own position
- Abuse of position of trust as solicitor, owner, COLP and COFA
- Transferred and closed Client A's trust account without consent of client or co-trustee
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Prompt accounting and return of money
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising