David Burke
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number6881/1995
Date01/01/1995
OutcomeSuspend - Indefinite
Allegation / charges
Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionFine
FineGBP 1,000
CostsGBP 3,370
Dishonesty foundNo
Duties found breached:
- Accounting records, reconciliation and reports
- Hold a current practising certificate
- Honour professional undertakings
Aggravating factors:
- Lack of co-operation with the Law Society, necessitating intervention into the practice
- Continued to practise after termination of Practising Certificate (until at least 11 January 1995)
- Six claims made on the Compensation Fund (£1,158.87 paid out, pending claims £132.00)
- Almost complete neglect of regulatory duties
Mitigating factors:
- Regulatory breaches not deliberate or intentional
- Respondent suffering ill-health/depression and anxiety; psychiatric evidence provided
- Series of family bereavements and a family member's heart attack
- Was the victim of a violent robbery in which accounting records were stolen
- Admitted the allegations and did not contest them; apologised
- Agreed to meet the applicant's costs including those of the earlier hearing
- Office never actually opened to the public due to building works