Alan Joseph Fitzpatrick
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
On an agreed outcome dealt with on the papers, the Tribunal struck off solicitor Alan Joseph Fitzpatrick, director, COLP and sole equity/managing partner of Rowley Dickinson Limited. From 2014 he caused or allowed retention of client monies (unpaid professional disbursements) in the firm's office account beyond 2 working days, leading to a client account cash shortage of £485,280.08 as at 30 June 2019 (951 unrepresented cheques), and failed to inform the SRA of the firm's serious financial difficulties. He admitted the breaches including recklessness. The Tribunal found him highly culpable and ordered strike off plus costs of £20,611.38. The breach concerned failure to act with integrity (Principle 2); no express finding of dishonesty was made.
Duties found breached:
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Good faith and courtesy to colleagues
Aggravating factors:
- Acted recklessly (admitted)
- Respondent and firm benefited from use of client money
- Conduct continued over approximately 6 years
- Conduct was deliberate
- Conduct led to client account shortage of almost half a million pounds
- Very experienced solicitor, COLP and owner of the firm; ought reasonably to have known unpaid professional disbursements were client money
Duties engaged
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Self-report to the regulator
- Good faith and courtesy to colleagues