David Durkin-Finch

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

David Durkin-Finch, a solicitor who was sole director, COLP and COFA of EMEA Law Ltd (trading as Cleverson Solicitors), admitted five allegations of misconduct arising from allowing an unadmitted individual (Mr Waterfield) to effectively run the firm unsupervised, including giving conveyancing undertakings without authority. Further admitted allegations concerned significant HMLR registration delays on 13 properties, a £12,912.68 client account shortage with no reconciliations and a failure to submit an Accountant's Report, and failure to set aside at least £83,803.79 for VAT liabilities, which caused the firm to become insolvent. His conduct was admitted to be reckless. No dishonesty was alleged or found; the breaches included lack of integrity. The Tribunal approved an agreed outcome of a 2-year suspension followed by indefinite practising restrictions, plus £6,000 costs, noting his insight and remedial steps.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• No conflict between current clients
• Accounting records, reconciliation and reports
• Firm governance, systems and compliance
• Good faith and courtesy to colleagues
• No improper solicitation or touting

Aggravating factors:

• Misconduct occurred over an extended period of several years
• Conduct was reckless - he ought reasonably to have known his conduct was in material breach of obligations
• High culpability as experienced solicitor (qualified ~7 years) who was sole director, COLP and COFA

Mitigating factors:

• High level of insight demonstrated
• Self-reported concerns about Mr Waterfield to the SRA
• Removed the unadmitted person and closed the firm in an orderly way
• Replaced the client account shortfall and reconciled to zero with no client losses
• Open and frank cooperation throughout the SRA investigation
• No client suffered harm
• Received no remuneration from the Firm
• Personal difficulties at the time (family illness/bereavement) and onset of Covid-19 pandemic