Gary Ackinclose

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

The Respondent, a consultant solicitor, sent an email to a client's business associate on 13 November 2014 providing his own personal bank account details and requesting payment of the Firm's fees into that account, and altered an invoice (583/14(3)) outside the Firm's accounting system. He received four payments totalling £3,700 into his personal account, returning them only over time (the last not until May 2016). He denied to the SRA that he had created the amended invoice and gave misleading accounts to the Firm claiming he had provided bank details by mistake over the phone while driving. He also continued practising at Andrew J Fenny & Co after 26 October 2017 without SRA approval, in breach of conditions on his practising certificate. The Tribunal found all allegations proved beyond reasonable doubt, including express findings of dishonesty on allegations 1.1-1.4, and breaches of Principles 2, 6 and (where alleged) 7. He was struck off the Roll and ordered to pay costs of £25,395.

Duties found breached:

• Integrity
• No conflict between current clients
• Cooperate openly with regulators

Aggravating factors:

• Deliberate, calculated and repeated misconduct over a period of time
• Concealment of wrongdoing, notably wiping the Firm's laptop data despite a specific request not to
• Misled the regulator deliberately
• Financial motivation for personal benefit
• Very experienced solicitor with direct control and responsibility
• Lack of insight, denied all allegations

Mitigating factors:

• Monies were ultimately replaced, albeit not promptly
• Previously good career of approximately 30 years
• Positive character references
• No actual loss to client or Firm