Mark Ian Williams
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12626/2024
Date18/02/2025
OutcomeSuspend - Fixed Period
Allegation / charges
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, Practice Framework Rules, Solicitors Accounts Rules 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionSuspension
Suspension6 months
CostsGBP 5,000
Dishonesty foundNo
Duties found breached:
- Good faith and courtesy to colleagues
- Integrity
- Not misrepresent regulated status
- Prompt accounting and return of money
- Segregate client money
- Uphold public trust in the profession
Aggravating factors:
- Total culpability and high level of harm
- Lack of insight into the importance of client money safety and operating within a regulated environment
- Concern about future conduct when acting for such clients
- Serious oversight in retaining balance of client money for about 9 months
- Prior disciplinary finding (2015 Agreed Outcome, fined GBP 3,000) - though given limited weight due to extenuating circumstances
Mitigating factors:
- No dishonesty found
- Failings not the result of intentional wrongdoing
- Genuine intention to help and support clients
- Apologised and admitted all allegations; made sensible concessions
- Introduced a protocol document to improve transparency going forward
- 41 character references from former clients, legal professionals and others
- Very limited means
- Extenuating circumstances surrounding the earlier disciplinary matter
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