C A Gordon and R J Barker

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

Two partners of Foster Savage & Gordon faced allegations of multiple Solicitors Accounts Rules breaches, failure to deliver Accountant's Reports, and misappropriation of client funds. Both admitted all facts but contested dishonesty. The Tribunal found dishonesty proved against Charles Gordon (allegations iv, xv, xvii, xviii) for creating false rent statements to deceive a client, misleading the Law Society's investigator, and failing to rectify wrongly received client money for three years; he was struck off and ordered to pay £14,625 costs. Richard Barker was found not dishonest but seriously at fault for abdicating his responsibilities as partner; he was suspended for 12 months (from 23 June 2006) and ordered to pay £4,875 costs. Total agreed costs were £19,500.

Duties found breached:

• Not mislead the court
• No improper communication with the court
• No taking unfair advantage
• Advise on alternatives, settlement and outcome
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports

Aggravating factors:

• Minimum cash shortage of £153,633.08 on client account
• Round sum withdrawals from client to office account totalling over £66,000
• Substantial client funds wrongly held in office account for around three years
• Gordon deliberately created false rent statements to deceive his client
• Gordon deliberately misled the Law Society's investigation officer
• Barker abdicated all responsibility for the firm's accounts in a two-partner firm

Mitigating factors:

• Minimum cash shortage of £153,633.08 replaced in full
• Loss of bookkeeper, departure of legal executive and faulty new accounting system contributed to accounting arrears
• Full cooperation with the Law Society investigators
• No client ultimately suffered loss; uncollected rents later collected
• Gordon's long (35-year) and previously honourable career
• Barker not dishonest, dominated by his partner, personally repaid about £8,000 and arranged overdraft and bookkeeper to remedy shortfalls
• Barker's ill health and modest lifestyle, genuine remorse