Stephanie Berry

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

Stephanie Berry, a solicitor at the former Garstangs Solicitors, faced four allegations of misusing client monies, misappropriating funds, writing misleading communications and misleading other solicitors, all charged on the basis of dishonesty. The Tribunal proceeded in her absence. Allegations 1.1 (in part, regarding client R) and 1.3 (misleading client NO about non-existent litigation) were proved with dishonesty; for clients T, P and H the Tribunal accepted possible mistake and found no dishonesty or lack of integrity. Allegations 1.2 (misappropriating cash) and 1.4 (misleading solicitors re Land Registry/HMRC) were not proved. Expressly finding dishonesty in respect of the estate of R and client NO, the Tribunal struck her off the Roll and ordered costs of £15,200 (reduced from £21,986.10), not to be enforced without leave of the Tribunal.

Duties found breached:

• Not mislead the court
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money

Aggravating factors:

• Dishonesty was proved
• Misconduct continued over a period of time
• Some actions were planned/calculated rather than spontaneous (e.g. misleading client NO about non-existent litigation)
• Breach of position of trust involving deceased persons' estates
• Concealment of wrongdoing before leaving the firm
• Relatively experienced solicitor with direct control as fee earner
• Harm caused to clients and to the firm (which had to reimburse the estate of H)

Mitigating factors:

• Respondent was unwell at the material time (depression/auto-immune disease)
• Some admissions made
• Difficult personal circumstances that may have contributed to context
• No previous disciplinary matters