Maxine Barnes

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

Maxine Barnes, sole director/COLP/COFA of Furse Sanders Limited, faced four allegations. The Tribunal found all proved (with some SAR sub-rules not substantiated). Allegation 1 - she continued to charge Client A for work under an LPA she knew had been revoked - was found to be dishonest under the Ivey test, the Tribunal rejecting her 'general retainer' explanation as an incredible recent justification. Allegation 2 concerned excessive, unfair charging of Client A without proper written notification; allegation 3 concerned withdrawing monies exceeding an agreed fixed fee in the estate of JD; allegation 4 concerned improper transfers of over £608,000 client money to an unregulated entity (FLSL, run by her husband) without client consent. Given the finding of dishonesty and absence of exceptional circumstances, the Tribunal ordered she be struck off the Roll and pay costs of £20,000 (reduced from claimed £31,281.35 to reflect limited means). On appeal, the High Court (Cotter J) substituted 'No order for costs'.

Duties found breached:

• Proper basis for allegations
• Non-discriminatory acceptance and cab-rank
• No improper use of client money

Aggravating factors:

• Proven dishonesty
• Conduct was deliberate, calculated and repeated over a period of time
• Motivated by financial gain
• Flagrant breach of trust placed in her by an elderly and vulnerable client
• Took advantage of her position as keeper of client monies
• Sought to place blame on the practice manager
• Direct and sole control and responsibility for the misconduct
• Experienced solicitor who ought to have understood her obligations

Mitigating factors:

• Previously unblemished record
• Cooperated with the Applicant's investigation
• Displayed limited insight