Martin Darren Rounthwaite
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Martin Darren Rounthwaite, a sole practitioner and COLP of Pro-Law Network, faced six allegations all found proved. Between 2016 and 2019 he received funds for costs and disbursements but failed to pay disbursements (totalling £14,208) or transfer them to client account, instead using funds to pay salaries and personal/business expenses. He failed to notify the SRA of the Firm's serious financial difficulties (which began in 2017), breached undertakings to Spencer Solicitors Ltd, and made inaccurate and misleading statements to SSL about RTA claim costs in emails. His conduct in relation to those misleading statements (allegation 1.4) was found to be dishonest. He also failed to effect an orderly closure of the Firm following his bankruptcy (16 Sept 2019) and the SRA intervention (18 Feb 2020). He did not attend the hearing, which proceeded in his absence. He was struck off the Roll and ordered to pay the Applicant's costs.
Duties found breached:
- Good faith and courtesy to colleagues
- Honour professional undertakings
- Integrity
- No improper use of client money
- Proper basis for allegations
- Report serious misconduct of others
Aggravating factors:
- Dishonesty (express finding in relation to allegation 1.4)
- Misuse of client funds totalling over £14,000 to pay personal/business expenses and family salaries
- Multiple County Court judgments obtained by creditors
- Failure to engage with the regulator and Tribunal proceedings
Mitigating factors:
- Suffered personal/health issues at the relevant time
- Made admissions during the SRA investigation that disbursements should have been paid and that he breached Principles 6, 8 and 10 / failed to achieve Outcome 10.3
Codes & rules applied
Duties engaged
- 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
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- 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
- 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
- Self-report to the regulator
- Truthful, non-misleading advertising