David Michael Merrick

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

David Michael Merrick, an experienced solicitor and partner at Crosse and Crosse, was found to have dishonestly created multiple bills charging clients (Miss MC, B Deceased, Mr and Mrs W) for work that had not been done, in order to clear residual balances in client accounts for the Firm's financial gain. He improperly withdrew over £9,000 from client accounts and concealed the wrongdoing by never delivering bills to clients. The Tribunal found dishonesty proved beyond reasonable doubt on all allegations applying the Twinsectra test (Respondent expressly admitted dishonesty on one allegation). He was struck off the Roll and ordered to pay costs of £10,000 (reduced from £11,712.20). The hearing proceeded in his absence.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Planned and sustained course of conduct
• Experienced solicitor
• Abused position of trust regarding Firm and clients
• Concealment of wrongdoing from clients as bills were never delivered
• Repeated dishonest withdrawals of client funds
• Motivation was financial gain for the Firm

Mitigating factors:

• Admissions and co-operation with the SRA demonstrating some insight
• Expressed shame and apologised
• No previous disciplinary matters
• Suffered subsequent sailing accident causing PTSD and memory difficulties (though not amounting to exceptional circumstances)