Iorwerth John Morris and Michael John Elliott

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

Two partners of I J Morris & Partners faced allegations of employing a struck-off solicitor (Philip Nigel Rees) without the Law Society's written permission, contrary to s.41 Solicitors Act 1974, a strict liability offence. Both admitted the allegations. The Tribunal preferred the second Respondent's evidence that he was unaware consent had not been obtained and had relied on the first Respondent's assurances; he reacted swiftly once he learned the position. No dishonesty was found against the second Respondent, who was suspended for 7 days. The first Respondent, who did not attend and whose account was disbelieved, had voluntarily removed his name from the Roll; the Tribunal prohibited restoration of his name except by Order. Both were jointly and severally liable for costs of £2,372.32, with a hope that at least half be recovered from the first Respondent.

Duties found breached:

• Uphold public trust in the profession
• No acting against a former client

Aggravating factors:

• Deliberate taking on of a struck-off solicitor who had contact with the public
• Both knew Mr Rees was a struck-off solicitor
• First Respondent failed to attend, his account was disbelieved and found untruthful
• Mr Rees was reinstated after initial dismissal

Mitigating factors:

• Second Respondent acted rapidly to dismiss Mr Rees once aware
• Second Respondent unaware that consent had not been obtained; relied on first Respondent's assurance
• Second Respondent had impeccable 27-year record
• Failure was inadvertence rather than intention for second Respondent
• Second Respondent had told first Respondent to obtain Law Society consent