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Anthony Joseph McCann

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7146/1996
Date01/01/1996
OutcomeStrike off

Allegation / charges

Client Money, Failures, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 2,272
Dishonesty foundNo

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

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/7146/