Howard Fryer
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10677/2010
Date01/01/2010
OutcomeStrike off
Allegation / charges
Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 2,406
Dishonesty foundYes
Howard Fryer, a sole principal solicitor, admitted five breaches of the Solicitors Accounts Rules 1998 arising from a minimum client account shortage of £669,417.22 (£238,707.22 of client funds used for other clients and £430,710 improperly transferred from client to office account via over-billing). Applying the Twinsectra test, the Tribunal was satisfied so that it was sure the Respondent acted dishonestly, rejecting that his depression prevented formation of the requisite mens rea, as there was no evidence of psychiatric treatment during the period of the defaults. The Tribunal struck him off the Roll and ordered costs of £2,406.
Duties found breached:
- Avoid wasting the court's time
- No improper use of client money
- Accounting records, reconciliation and reports
- Diligence and timeliness
Aggravating factors:
- Serious case of dishonesty with substantial sums involved
- Approximately £669,000 still outstanding and not repaid
- Funds used to run the practice over a prolonged period via over-billing and diversion between client matters
Mitigating factors:
- Expressed deep regret, remorse and apology
- Suffering from severe clinical depression and receiving psychiatric care
- No previous disciplinary matters
- Stated intention to repay funds from expected inheritance/sums owed; did not draw funds for personal benefit