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David Nigel Bird

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11139/2013
Date01/01/2013
OutcomeStrike off

Allegation / charges

Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 11,000
Dishonesty foundYes

The Respondent, a partner at HP&B in Wrexham, drew 45 cheques totalling £185,881.79 on the firm's client account between 2006 and 2011, payable to himself or his building society accounts, while recording false payees on cheque stubs and creating falsifying documents. The majority was used for personal benefit; over £70,000 was used for other purposes. The Tribunal found all allegations proved, including an express finding of dishonesty (which the Respondent admitted). Despite mitigation (full repayment, full cooperation, no client loss, previously unblemished 28-year career, work pressures), the Tribunal ordered the Respondent struck off the Roll and to pay £11,000 costs.

Duties found breached:

Aggravating factors:

  • Misconduct took place over a lengthy period (2006-2011)
  • Concealed actions by making false entries in client ledgers
  • Created or falsified documents
  • Majority of money taken for personal benefit
  • Conduct described as wholly reprehensible

Mitigating factors:

  • Repaid every penny taken
  • Cooperated fully with the investigation and former firm
  • No clients lost money
  • Expressed sincere regret
  • Out of character over a previously unblemished 28-year career
  • Positive character references
  • Lack of support and isolation within the firm; work pressures during recession

Documents

Source: https://solicitorstribunal.org.uk/case/11139/