Paul Michael Hewitt & Another

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

Two partners of Hewitt & Co, Sheffield, faced 26 allegations arising from a forensic investigation revealing serious Solicitors Accounts Rules breaches, misuse of client money, undisclosed profits, failures to comply with undertakings and to register lender charges, practising without a valid certificate after bankruptcy, and failures to cooperate with the SRA. No dishonesty was alleged or found. The First Respondent (Hewitt), found culpable on all 26 allegations, was struck off and ordered to pay £62,888 costs. The Second Respondent, who admitted 13 allegations and was seen as dominated by the First Respondent, was fined £5,000 and ordered to pay £5,000 costs, with future practice recommended to be subject to supervision conditions. Total costs fixed at £67,888.

Duties found breached:

• Disclose adverse law to the court
• Handle inadvertently received material
• Hold a current practising certificate
• Honour professional undertakings
• No baseless or threatened misconduct report
• No conflict between current clients
• No improper communication with the court
• No improper use of client money
• Not misrepresent regulated status
• Professional indemnity insurance
• Safeguard documents and limit liens
• Self-report to the regulator

Aggravating factors:

• Misuse of clients' money with minimum cash shortage of £10,576.27
• Previous appearance before the Tribunal in April 2008 for similar matters (fined £2,500 plus costs)
• Continued to practise without/in breach of practising certificate after bankruptcy and authorised large client account payments
• Failure to advise SRA of bankruptcy
• Long delays in accounting to client Mr B (over three years)

Mitigating factors:

• Second Respondent: subordinate/salaried partner position dominated by First Respondent
• Second Respondent: complaints did not relate to matters he dealt with; integrity not doubted; stayed on only to move clients to safe firms
• Second Respondent: limited financial means