G M Giambrone

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

The first case involving Registered European Lawyers before the SDT. Giambrone & Law operated as a partnership then LLP in England conducting large volumes of Italian property conveyancing, with the First Respondent effectively running it as sole principal. The Tribunal found numerous breaches: shambolic and unreconciled accounts (aggravated by a server crash and never-completed reconstruction), failure to file 'cease to hold' accountant's reports, client accounts wrongly titled, bulk transfer of client files to Italy without informed consent, non-cooperation over accounting records, misuse of notepaper, and improper payment away of client deposit monies (notably for clients M and M) contrary to express assurances. No dishonesty was alleged or found. The First Respondent was withdrawn from the Register of Registered European Lawyers and ordered to pay £70,000 costs; the Second and Third Respondents, liable largely by virtue of their partner/member status, were each fined £2,000. The First Respondent's subsequent High Court appeal was dismissed with a further £26,388 costs order.

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Cooperate openly with regulators

Aggravating factors:

• Accounting records described as a 'shambles'; SRA still unable to ascertain whether there was any shortage of client funds
• First Respondent walked away from his regulatory responsibilities and returned to Italy
• Clients (M and M) given clear assurances that deposits would be retained; deposit paid away without authority and clients not told for around eight months, then charged for attempts to recover it
• Tribunal did not accept First Respondent's evidence about an alleged authorising conversation with Mr Dine; found him a less than satisfactory, self-serving witness
• Late filing of witness evidence without apology or explanation

Mitigating factors:

• No dishonesty alleged or found
• Server crash caused loss of accounting records, followed by genuine (if incomplete) reconstruction efforts
• First Respondent accepted personal responsibility and reimbursed M and M around £9,000 from his own funds
• Complied with LCS/adjudicator awards
• Positive references/testimonials
• Second and Third Respondents had only limited, indirect involvement (liability essentially as partners/members); limited financial circumstances
• Lack of specific SAR training for RELs; First Respondent's inexperience