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Richard John Wakefield

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number6837/1995
Date01/01/1995
OutcomeStrike off

Allegation / charges

Client Money, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 1,290
Dishonesty foundYes

Richard John Wakefield, a sole practitioner admitted in 1979, made improper transfers from client to office bank account in 31 client transactions between October 1994 and February 1995, causing a minimum client account shortage of £14,297.83 which he could not rectify. No bills had been delivered and no client funds were held to justify the transfers. He created false entries in the books of account to conceal the transfers, made while under severe financial pressure from creditors including the Inland Revenue and Customs & Excise. A secretary had also been improperly mandated to sign client account cheques. Despite mitigation (self-reporting, good character, 23 testimonials, recession-hit practice), the Tribunal found he had behaved dishonestly by helping himself to clients' money to pay his own debts. He was struck off and ordered to pay fixed costs.

Duties found breached:

Aggravating factors:

  • Used client money to pay his own debts, including PAYE tax already deducted from staff wages
  • Created numerous false book-keeping entries to conceal improper transfers
  • Shortage of £14,297.83 not rectified at time of hearing

Mitigating factors:

  • Self-reported his actions to the Law Society
  • Hitherto good character and 23 supportive testimonials
  • Extremely cooperative with the investigation
  • Practice severely affected by economic recession, falling property prices and negative equity
  • No intention to defraud the Compensation Fund; expectation that deficiency would be made good

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/6837/