B J Harvey & G Morgan

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

Mr Harvey, a sole practitioner solicitor, faced numerous allegations (many withdrawn or dealt with in-house) including failure to remedy accounts breaches, failure to honour undertakings, failure to supervise his licensed conveyancer Mr Morgan, failure to respond to the Law Society, and failure to carry out instructions. The allegations were substantiated and uncontested. The Tribunal found he had abdicated his professional responsibilities and suspended him indefinitely, ordering costs of £6,836.43 and that an Adjudicator's direction concerning client Mr T be enforceable as a High Court order. Mr Morgan, his solicitor's clerk/licensed conveyancer, was found to have breached undertakings and failed to complete conveyancing work, largely due to excessive workload and inadequate supervision; the Tribunal made a Section 43 employment restriction order (delayed to 12 October 2007 to allow his current employer to apply for consent) and ordered him to pay £1,500 costs. No finding of dishonesty was made.

Duties found breached:

• Not mislead the court
• No improper communication with the court
• Not mislead third parties or opponents
• Diligence and timeliness
• Supervise staff and delegated work
• Honour professional undertakings

Aggravating factors:

• Abdication of professional responsibilities; matters allowed to spiral out of control
• Serious risk to clients from failures to comply with undertakings and to register within time limits
• Repeated failures to respond to Law Society correspondence

Mitigating factors:

• Mr Harvey's financial difficulties (bankruptcy) accepted as a factor
• Mr Morgan had a previously unblemished record as a competent conveyancer
• Mr Morgan's failures largely caused by lack of employer support and excessive workload
• Mr Morgan now had a manageable workload and proper supervision; apologised to the Tribunal
• Delay by the Law Society in bringing proceedings