Mark Andrew Shepherd
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12686/2024
Date30/05/2025
OutcomeFine
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionFine
FineGBP 14,168
CostsGBP 19,000
Dishonesty foundNo
Mark Andrew Shepherd, a partner in the London real estate team at DWF Law LLP, admitted that between October 2019 and November 2020 he failed to check that contract conditions had been met and that monies were properly due before authorising payments from the firm's client account. The matter was resolved by Agreed Outcome. The Tribunal found his admissions properly made and imposed a fine, noting no finding of dishonesty. He was fined £14,168 and ordered to pay £19,000 costs.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
- Prompt accounting and return of money
Aggravating factors:
- As a partner he had ultimate responsibility for final sign-off on payment authorisations
- Very large sums of money were involved, requiring greater care and scrutiny
Mitigating factors:
- Self-reported the matter
- Made appropriate admissions
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