Charles Michael Stevens
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Failures, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor acting for the buyer in a £6.5m property purchase, gave misleading information to the seller's solicitor that he was/would be in receipt of the £650,000 deposit when he had not received it (found reckless), failed to perform an undertaking to transfer the deposit and send the exchanged contract by 4 July 2022, and on 16 September 2022 attempted to prevent the seller's solicitor and client from reporting his conduct to the SRA by making settlement conditional on no report being made. All allegations were proved (admitted). The dishonesty allegation (Principle 4) was withdrawn; the Tribunal found serious lack of integrity coupled with high-order recklessness. Mitigation (unblemished record, remorse, cooperation, personal difficulties, character references, health and financial problems) did not outweigh the seriousness. The Respondent was struck off. No order for costs was made (applying Barnes v SRA) due to his impecuniosity, despite agreed costs of £25,000.
Duties found breached:
- Honour professional undertakings
- Integrity
- No taking unfair advantage
- Not mislead third parties or opponents
- Report serious misconduct of others
- Uphold public trust in the profession
Aggravating factors:
- Series of connected failures, not an isolated incident; a pattern of behaviour
- Reckless misrepresentation of a high order
- Conduct was planned and considered, not spontaneous (the September email)
- Failed to self-report and took active steps to prevent reporting to the SRA - particularly egregious
- Knew or ought to have known conduct breached obligations to protect the public and reputation of the profession
- Potential financial rewards may have influenced his decision-making
Mitigating factors:
- Previously unblemished regulatory record
- Genuine insight and remorse; sincere apology
- Full cooperation with the SRA investigation and Tribunal
- Personal difficulties (grandmother's terminal illness)
- Four character references attesting to good qualities
- Ongoing serious health issues and precarious financial position
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