Andrew Brian Alexander Cooper
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Solicitors Accounts Rules 2011, Solicitors Accounts Rules 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew Brian Alexander Cooper, a partner in the probate department at Streathers Solicitors LLP, was found to have caused or allowed unauthorised payments from the firm's client account between 16 August 2019 and 20 September 2022 without client instructions, leading to a cash shortage of up to £1,174,493.62. The improper payments fell into three categories: £76,652.82 to HMRC for his own personal tax liabilities (using his UTR), payments to clients and third parties, and client-to-business account transfers. He also inserted an electronic signature in the name of Person A onto a letter to HMRC on 27 June 2022 without consent, falsely purporting it had been signed by Person A, and used his own home address as the executor's address. The Tribunal applied the Ivey test and made an express finding of dishonesty. Cooper did not engage with proceedings and the hearing proceeded in his absence. He was struck off the Roll and ordered to pay costs of £29,451.29.
Duties found breached:
- Act only on proper, lawful instructions
- 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:
- Dishonest conduct, expressly found applying the Ivey test
- Misuse of client money over a sustained period (August 2019 to September 2022)
- Used client money to pay his own personal tax liabilities
- Forged/inserted a client's electronic signature on a letter to HMRC and sent a subsequent letter denying having sent it
- Caused a very substantial cash shortage of up to £1,174,493.62 on the client account
- Failed to engage with the SRA investigation and the Tribunal proceedings
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