Decision record
Lesley Marianna Alberici
Allegation / charges
Breaches, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Lesley Marianna Alberici, a solicitor practising in Spanish off-plan property conveyancing (largely for Ocean View Properties clients), faced allegations of failing to provide clear/accurate information, failing to act in clients' best interests, making misleading representations, poor service, accounts rules breaches, failing to comply with LCS Adjudicators' directions, failing to respond to the SRA, and acting whilst uncertificated. The Tribunal found 11 of 14 allegations proved but expressly did NOT find dishonesty or recklessness (allegations 1.3 and 2.3 not proved), nor allegation 1.9. It found she acted as the clients' solicitor (not merely agent) and misled them through outdated documentation, failed to protect deposits (releasing funds without bank guarantees, relying on inadequate insurance), and continued reserved work without a practising certificate. She was struck off the Roll of Solicitors, ordered to make an interim costs payment of £40,000 (total costs subject to detailed assessment), and the Adjudicators' directions were made enforceable as High Court orders.
Duties found breached:
- Proper basis for allegations
- No improper communication with the court
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- No baseless or threatened misconduct report
Aggravating factors:
- Respondent's conduct contributed to or led to significant financial losses suffered by clients
- Failure to engage with her regulator despite warnings
- Two previous disciplinary matters recorded against her
- Tribunal found her evidence self-serving and economical with the truth
Mitigating factors:
- No finding of dishonesty or recklessness
- Positive testimonials from fellow professionals
- Naivety and over-estimation of her own competence rather than wilful disregard
- Forced to close practice due to economic downturn, worked unpaid for months
- Now bankrupt and no longer practising
- Apologised for failure to engage with the Applicant
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Duties engaged
- Proper basis for allegations
- No improper communication with the court
- Not mislead third parties or opponents
- Act in the client's best interests
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- No baseless or threatened misconduct report