John Griffiths - Andrew Cross

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

Mr Griffiths, a sole practitioner solicitor admitted in 1970, faced consolidated proceedings alongside his son-in-law and clerk Mr Cross. An Investigating Accountant found a minimum cash shortage of £16,871.13 on client account (£16,111.63 improper payments and £759.50 misappropriated cash), arising from improper conveyancing/estate payments unconnected to the relevant clients and false ledger entries. Griffiths rectified the shortage from private funds. He had also altered a witness statement (signed by his son-in-law and witnessed by a police officer) by adding a reference to £10,677.34 after it had been witnessed. The Tribunal found all allegations substantiated. While culpability for the withdrawn monies could not be precisely apportioned, Griffiths alone was responsible for amending the witnessed statement, which the Tribunal found entirely reprehensible, leading to striking off. Mr Cross, a non-solicitor clerk, admitted taking cash; a section 43 order was made restricting his employment in the profession. Costs of £1,020.78 were imposed jointly and severally on both respondents. The Tribunal did not make an express finding of dishonesty.

Duties found breached:

• No improper solicitation or touting
• No improper use of client money
• Not mislead the court
• Supervise staff and delegated work

Aggravating factors:

• Alteration of a witness statement after it had been signed and witnessed by a senior police officer, by a solicitor and officer of the court
• Knowingly made a payment on behalf of a client when insufficient funds were held on client account
• Clerk abused position of trust by taking cash received for the firm