Susan Jane Spencer

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

Susan Jane Spencer, an equity partner conveyancing specialist at Devonshires, raised bills to clear residual client balances without sending them to clients and transferred the funds from client to office account between 1999 and 2009 (bills totalling £232,813.98; shortage of £254,883.59 including interest, which was replaced). The Tribunal found both Accounts Rules allegations (Rules 19(2) and 22 SAR) proved to the higher standard. Although her conduct was objectively dishonest by reasonable standards, the Tribunal was not satisfied the second (subjective) limb of the Twinsectra test was met, so dishonesty was NOT found. Given the high seriousness and decade-long systematic breach of the duty of stewardship, she was struck off the Roll and ordered to pay costs of £18,987.09.

Duties found breached:

• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Systematic conduct carried out over approximately a decade (1999-2009)
• Numerous breaches of the duty of stewardship of client money
• High value involved - bills totalling £232,813.98; shortage of £254,883.59 including unpaid interest
• Experienced solicitor who dealt with her own billing and authorised transfers
• Worked the billing process backwards to clear residual balances and avoid confronting clients

Mitigating factors:

• Previous good character and unblemished 23-year record
• Accepted culpability immediately and co-operated fully with the SRA
• Made significant financial restitution and paid former firm's investigation expenses
• Open conduct within the firm, maintaining meticulous files of archived cases
• Positive character evidence from former partner colleagues
• Greatly reduced financial means; loss of income, career and reputation