Sean Michael Callaghan
Allegation / charges
Breaches, Client Money, Code of Conduct 2007, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 1998, Solicitors Accounts Rules 2011, Solicitors Accounts Rules 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Sean Michael Callaghan admitted that, while in practice at BTMK Solicitors Limited (Feb 2003-April 2019) and subsequently at Palmers Solicitors (May 2019-March 2020), he dishonestly misappropriated monies belonging to his employers or their clients, providing false information in several instances. The Tribunal, dealing with the matter on the papers via an Agreed Outcome, found his admissions properly made and that dishonesty was established. Finding no exceptional circumstances, it struck him off the Roll and ordered him to pay £1,500 in costs.
Duties found breached:
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
- Prompt accounting and return of money
Aggravating factors:
- Misconduct occurred over a prolonged period of more than sixteen years (February 2003 to March 2020)
- Provided false information to his employer and clients in several instances
- Held part-time judicial office as a Deputy District Judge during the relevant period
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Prompt accounting and return of money
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising