Stephen Thomas Bailey and Another

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

Two partners of O'Connors faced disciplinary proceedings after a Law Society intervention. Stephen Bailey admitted breaches of the Solicitors Accounts Rules including improper transfers from client account (£70,217.75), failure to bank client cheques, and was found to have intentionally/deliberately overcharged clients in probate matters where he knew or ought to have known the amounts were unjustified. The Tribunal found he failed to act with probity, integrity and trustworthiness but did not make an express finding of dishonesty. He was struck off and ordered to pay costs (the £1,850 costs draftsman's fee plus 85% of £11,650). The second respondent admitted failing to protect the practice's funds; though not directly culpable he was an equity partner who abdicated responsibilities, and was fined £4,000 plus 15% of £11,650 costs. Total costs were summarily fixed at £13,500.

Duties found breached:

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

Aggravating factors:

• Intentional/deliberate overcharging of clients across multiple probate matters
• Unusual pattern of frequent, repeated billing with no work to justify it
• Complete failure to deliver bills or client care letters
• Improper transfers totalling £70,217.75 causing client account shortage
• Failure of proper stewardship over client money

Mitigating factors:

• Mr Bailey suffered significant work-related stress and mental ill-health
• Mr Bailey accepted sole responsibility and admitted the allegations
• Mr Bailey was effectively running the firm as a sole practitioner under heavy workload
• For second respondent: admitted allegation, not directly personally culpable, shouldered firm's liabilities, and reported further matters to the FIU