Decision record
Malcolm Reginald Brown
Allegation / charges
Breaches, Client Money, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Malcolm Reginald Brown, admitted 1971 and practising as CS Law, faced 15 allegations of conduct unbefitting a solicitor including failing to return client files, practising without a practising certificate, handling and withdrawing client money without a certificate or indemnity insurance, failing to file an Accountant's Report, failing to comply with an Adjudicator's direction, and breaching a professional undertaking. He did not attend and provided no response or mitigation. The Tribunal found all allegations substantiated. Dishonesty was expressly not alleged by the Applicant. The Tribunal found he had fallen far below professional standards and struck him off the Roll, ordered costs of £7,200, and made the £785 compensation direction enforceable as a High Court order.
Duties found breached:
- Disclose adverse law to the court
- No improper communication with the court
- Proper termination and return of instructions
- No conflict between current clients
- No improper use of client money
- Professional indemnity insurance
- Hold a current practising certificate
- Report serious misconduct of others
- No baseless or threatened misconduct report
- Good faith and courtesy to colleagues
Aggravating factors:
- Repeated failure to respond to correspondence from the Law Society despite numerous opportunities
- Continued to handle client money without practising certificate or insurance
- Inconsistent and variable explanations given regarding return of client files
- Failed to comply with a direction of his professional body
Duties engaged
- Disclose adverse law to the court
- No improper communication with the court
- Act in the client's best interests
- Proper termination and return of instructions
- No conflict between current clients
- No improper use of client money
- Safeguard documents and limit liens
- Diligence and timeliness
- Professional indemnity insurance
- Hold a current practising certificate
- Report serious misconduct of others
- No baseless or threatened misconduct report
- Good faith and courtesy to colleagues