Simon Paul Hett

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

Simon Paul Hett, admitted 1994, faced 12 allegations of conduct unbefitting a solicitor. He admitted six (allegations 2,4,5,6,7,10). The Tribunal found all allegations substantiated and made an express finding of dishonesty on allegations 8 and 9 (round sum cash withdrawals from client account totalling £13,000 and transfer of £1,163.75 against a false bill), applying the Twinsectra test. The Tribunal did not accept his evidence and found he had abandoned (not closed) his practice. He was struck off the Roll and ordered to pay costs of £26,771.93. The Tribunal also ordered the SRA's IPS direction of 6 February 2007 be treated as a High Court order for enforcement purposes.

Duties found breached:

• Not mislead the court
• Keep client informed and respond promptly
• Proper termination and return of instructions
• Advise on alternatives, settlement and outcome
• No improper use of client money
• Accounting records, reconciliation and reports
• Professional indemnity insurance

Aggravating factors:

• Dishonest conduct involving client money
• Cash shortage on client account of at least £17,453.75
• Creation of a false bill to extract counsel's fees money
• Abandoning practice with no qualified person to supervise and going to Thailand on holiday
• Failure to comply with Tribunal directions and late admission of allegations
• Failure to pay compensation award to client Mrs JSM

Mitigating factors:

• Eleven years' practice without prior disciplinary issue
• Subjected to a police investigation and criminal charges (later acquitted of all five charges) causing professional embarrassment and adverse publicity
• Departure without notice of his accounts executive
• Failure of computerised accounts service and flooding of office basement
• Breakdown of marriage and denial of access to children
• Mother's terminal illness and death
• Depression and contemplation of suicide; psychiatrist's report noting exceptional stresses borne with fortitude
• Difficulty defending due to documents being seized by interveners
• Undischarged bankrupt