Anthony Joseph McCann
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
McCann, admitted 1987, practising latterly as a sole practitioner, admitted breaches of the Solicitors Accounts Rules 1991: failing to keep proper books of account, drawing money improperly from client account, and using clients' funds for his own purposes. An inspection revealed a cash shortage of £3,517.44, including a £2,500 personal cash withdrawal from client account that was unallocated. The Tribunal found there was no clear evidence of dishonesty but that his conduct was at best reckless and at worst a flagrant disregard for the rules, totally failing to show the required probity and integrity. He was struck off and ordered to pay costs of £2,272.35.
Duties found breached:
Aggravating factors:
- Books of account not written up for two years and described as a shambles
- Withdrew £2,500 cash from client account based only on a casual 'thumb nail sketch'
- Reckless approach and flagrant disregard for the Accounts Rules
- Shortfall on client account not replaced, exposing the Compensation Fund
- Appeared to have no comprehension of the seriousness of mishandling clients' monies
Mitigating factors:
- Admitted the allegations
- No criminal record
- Apologised to the Tribunal
- Member of his church and undertook social work
- Suffered financially, unable to practise since intervention; on income support