David Stephen Bootyman

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

David Stephen Bootyman, an equity partner at Malcolm Cooke & Co in Grimsby, was found to have taken £300 of a vulnerable elderly client's (Miss DHW) money for his own use, which the Tribunal found to be a dishonest taking of client money. He failed to pay her pension into client account or keep records. He also misled clients, partners and employees: he settled a County Court claim against clients Mr and Mrs D without their knowledge, used his own money to disguise outstanding balances, created false file notes and letters, concealed stamp duty penalties from his partners by removing letters from the post, and misled clients Mr and Mrs S by describing a stamp duty penalty as an administrative charge. He admitted the allegations and did not appear. Despite mitigation (full cooperation, ill health/depression, regret, no prior disciplinary record, long service including local law society presidency), the Tribunal struck him off the Roll and ordered costs of £13,987.

Duties found breached:

• Not mislead the court
• Act in the client's best interests
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Good faith and courtesy to colleagues
• No improper solicitation or touting

Aggravating factors:

• Dishonest taking of client money
• Client (Miss DHW) was particularly vulnerable - elderly with limited mental capacity
• Misled clients, partners and employees
• Created false file notes and letters designed to mislead
• Concealed stamp duty penalties from partners by removing post
• Conduct spanned a lengthy period (from 1997)