Rosemary Ann Joyce

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

Rosemary Ann Joyce, sole director, COLP, COFA and MLRO of RJ Solicitors Limited, admitted five allegations relating to carrying on practice without qualifying professional indemnity insurance, failing to notify the SRA of entering the extended indemnity and cessation periods, and failing to keep proper accounting records and undertake client account reconciliations. The matter was resolved on the papers by an Agreed Outcome. The allegation of recklessness (advanced as an aggravating feature) was withdrawn by the SRA, partly in light of medical evidence. No express finding of dishonesty was made. The Tribunal found a financial penalty inadequate given the misconduct and her limited means, and imposed a 3-month suspension followed by indefinite conditions preventing her from being a manager/owner or compliance officer, plus costs of £14,280.50.

Duties found breached:

• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Professional indemnity insurance

Aggravating factors:

• Experienced solicitor with over 25 years of experience
• Knew or ought reasonably to have known the conduct was in material breach of obligations to protect the public and the reputation of the profession
• Did not engage fully with the regulator and failed to file an Answer to the allegations
• Misconduct was deliberate, placing her own and the Firm's interests above those of clients
• Misconduct not isolated and occurred over a period of time

Mitigating factors:

• Suffered from anxiety, stress and depression, supported by medical report of consultant psychiatrist Dr Wilkins
• Serious personal circumstances including deaths of both parents, family difficulties and intimidation by a client
• Loss of insurance broker and inability to obtain PII partly linked to an SRA administrative error (previous rescinded referral not communicated to her)
• Impact of the Covid-19 pandemic on winding down the firm
• Limited financial means