Decision record
Kevin Alexander Long
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Three solicitors of Alexanders Solicitors Ltd faced allegations arising from a SRA forensic investigation that found accounts not compliant with the 1998 Rules, unpaid disbursements retained in office account, improper transfers, and a minimum client account shortage of £214,166.18. The Tribunal found all allegations proved. Against the First Respondent, Kevin Alexander Long, it made an express finding of dishonesty (Twinsectra test) - he misappropriated client funds, set up LAS to secretly receive commissions, misled client Ms B about an ATE premium shortfall, and made unexplained cash withdrawals. He was struck off and ordered to pay costs of £31,387.76. The Second and Third Respondents (running the firm with Long) were found to have committed regulatory breaches through naivety but not dishonesty or recklessness; they were reprimanded and each ordered to pay £5,000 costs. All costs orders were not to be enforced without the Tribunal's consent.
Duties found breached:
- No improper communication with the court
- Not mislead third parties or opponents
- Act in the client's best interests
- Costs and fee transparency to client
- Disclose referrals, commissions and benefits
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Report serious misconduct of others
Aggravating factors:
- Systematic and widespread misuse of clients' funds by Mr Long
- Concealment via setting up LAS with name similar to legitimate LAS Limited to deceive co-directors
- Lying to client Ms B about an irrecoverable ATE premium shortfall that had in fact been recovered in full
- Unexplained cash withdrawals of £6,000 from client account
- Retention of unpaid disbursements to assist firm cash flow despite knowledge
- Minimum cash shortage of £214,166.18 on client account
Mitigating factors:
- For Second/Third Respondents: no dishonesty; they were misled by Mr Long who controlled finances
- They reported matters to the SRA and cooperated fully
- They took steps to reimburse clients with goodwill payments
- Their culpability was at the bottom end of the scale
- Personal hardship, ill health and financial difficulties
- Previous good careers in police and army
Duties engaged
- No improper communication with the court
- Honesty
- Not mislead third parties or opponents
- Act in the client's best interests
- Costs and fee transparency to client
- Disclose referrals, commissions and benefits
- No own-interest conflict
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Firm governance, systems and compliance
- Report serious misconduct of others