T C J Paynter & Another

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

Two solicitors at the firm Kings faced allegations of client account breaches, misuse of client money, taking costs without bills, and failing to inform lender clients of material facts. All allegations were proved against both. The sole principal, Mr Paynter, was found dishonest (turning a blind eye / aware of activities) on the lender-misinformation allegation and was struck off, ordered to pay £12,500 costs. RESPONDENT 2 (the redacted respondent), a salaried partner/employee, admitted the facts but the Tribunal was NOT satisfied he was dishonest, accepting he had been foolish, too trusting and deceived by others. He was fined £5,000 and ordered to pay £2,500 costs.

Duties found breached:

• Not mislead third parties or opponents
• No improper use of client money

Aggravating factors:

• Solicitor of nearly 30 years' experience
• Although not personally culpable, was not as robust or careful as he might have been
• Signed certificates of title without paying proper attention to their contents

Mitigating factors:

• Salaried partner who was effectively an employee of Mr Paynter
• Deceived/placed in a difficult position by Miss Q and others; trusted his principal
• Cooperated fully with the investigation and admitted allegations at earliest opportunity
• Excellent testimonials and good reputation within and outside the profession
• Extensive community service (CAB, parish council, mayor, school governor, charity)
• Already suffered heavily - intervention, bankruptcy (4 Jan 2006), practising conditions, personal hardship
• Poor health/eyesight and difficulty finding employment

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]