David Richard Roodyn

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

Two solicitor partners of Roodyn Manski faced allegations of Solicitors Accounts Rules breaches, misappropriation, unjustified costs claims, and a VAT conviction. The Tribunal found numerous Accounts Rules breaches against both, plus misappropriation (allegation 7). Against the Second Respondent (Roodyn) it found dishonesty proved (allegations 3, 4, 7, 8) for not sending bills and overcharging, and struck him off. Dishonesty was NOT found against the First Respondent, who was fined £20,000. Costs of £35,000 were apportioned £10,000 (First) and £25,000 (Second).

Duties found breached:

• Proper basis for allegations
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Accounting records, reconciliation and reports
• Report serious misconduct of others

Aggravating factors:

• Cash shortage on client account of £115,439.77
• Charging approximately a quarter of the value of the F estate (~£250,000) and ~22% of the D estate (~£400,000) in costs
• Failure over many years to obtain probate or produce estate accounts despite repeated requests from executors/beneficiaries
• Dishonest conduct by Second Respondent in not delivering bills and overcharging
• Criminal conviction for VAT offence

Mitigating factors:

• First Respondent kept meticulous time-based records with a clear paper trail
• First Respondent had limited involvement in the problematic estate files and trusted his partner
• First Respondent rapidly remedied breaches on his own files
• First Respondent had supportive employer, clients and character references; complied with practising certificate conditions after intervention
• Second Respondent's severe health problems
• Second Respondent's good reputation in libel law and apology to profession and clients
• VAT subsequently paid