Kenneth Bentley Van Emden & Another

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

Two partners of Blackman Van Emden faced allegations of conduct unbefitting a solicitor. Both admitted breaches of the Solicitors Accounts Rules (Rules 7, 19(2), 22, 22(5)) and utilising clients' funds. Mr Van Emden faced additional individual allegations, three of which alleged dishonesty: misleading representations to client Mrs J and to Harold Benjamin Solicitors, and misappropriation of clients' funds through improper billing. The Tribunal found all allegations substantiated and expressly found Mr Van Emden dishonest under the Twinsectra test. He was struck off and ordered to pay £18,000 costs. The First Respondent, liable only as a partner with no personal culpability or knowledge, was reprimanded and ordered to pay £2,000 costs. The Law Society's agreed costs of £40,000 were halved to £20,000 due to its culpable delay.

Duties found breached:

• Not mislead the court
• No taking unfair advantage
• Advise on alternatives, settlement and outcome
• No improper use of client money
• Orderly wind-down and contingency cover
• Report serious misconduct of others

Aggravating factors:

• Solicitor of many years experience
• Concocted a story to conceal his activity and misled solicitors
• Repeated 'billing off' of credit balances where no work undertaken and bills not delivered

Mitigating factors:

• 30 year previously unblemished career
• Heavy involvement in charitable work
• Carried out work under great pressure having taken on too much
• No financial pressure on the firm suggesting motive
• Culpable delay by The Law Society in prosecuting the matter (reflected in reduced costs)