Decision record
K W Good, G M Cardona and A E A Davies
Allegation / charges
Breaches, Client Money, Criminal Convictions, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Solicitor Kenneth Good misappropriated client funds for personal use, creating a minimum client account shortage of about £140,082, failed to honour undertakings, repeatedly failed to file Accountant's Reports, had a criminal conviction and ignored Law Society communications. The Tribunal found all allegations proven and made an express finding of dishonesty under the Twinsectra test, striking him off the Roll and ordering him to pay the costs (applicant's costs figure £12,205.70, subject to detailed assessment, less £1,000). Partner Graham Cardona, found a salaried 'partner in name only' with low culpability, was reprimanded and ordered to pay £500 costs. Solicitor's clerk Anne Davies, who gave an unauthorised personal undertaking she failed to honour, was made subject to a Section 43 employment restriction order and ordered to pay £500 costs.
Duties found breached:
- No improper communication with the court
- No improper use of client money
- Report serious misconduct of others
- Honour professional undertakings
Aggravating factors:
- Previous Tribunal finding in September 2002 for failure to deliver Accountant's Reports
- Large minimum cash shortage on client account
- Use of client money for personal and office purposes
- Two clients left responsible for unredeemed mortgages, causing anxiety and financial loss
- Persistent failure to respond to the regulator
Mitigating factors:
- Claimed stress and ill-health
- Accepted full responsibility and sought to exonerate Cardona
- Undertook to repay missing monies (for Good)