Respondent AN
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Failures, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Respondent AN, a solicitor employed at a firm, dishonestly attempted to and did divert client funds for his own benefit between April and May 2021. He asked Client A to pay a £292.50 abortive fee (not actually owed) into his personal bank account, then deleted the relevant emails. He created a false invoice for Client B in the sum of £924 (when only £474 was due), which was never provided, and took a £450 cash payment from Client B without receipt for his own benefit. He asked Client C to split fees and pay £200 into his personal bank account. The Tribunal accepted the Agreed Outcome, finding the allegations (1-4) proved including the admitted dishonesty (breach of Principle 4). Allegation 5 was withdrawn. The Tribunal granted anonymity on Article 2 health grounds. With dishonesty admitted and no exceptional circumstances, the Respondent was struck off. No order for costs was made.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
Aggravating factors:
- Conduct was dishonest
- Abuse of position of trust as a solicitor
- Took unfair advantage of clients
- Concealed conduct by deleting key emails and creating a false invoice
- Conduct repeated across multiple clients (A, B and C)
Mitigating factors:
- Respondent made repayments of £450 and £200 to the Firm's client account following dismissal
- Client A did not actually make the diverted payment
- Cooperated by entering into an Agreed Outcome and admitting allegations including dishonesty
Codes & rules applied
Duties engaged
- 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
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- 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
- 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
- Self-report to the regulator
- Truthful, non-misleading advertising