Martin Darren Rounthwaite
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Martin Darren Rounthwaite, a sole practitioner and COLP of Pro-Law Network with 25 years' standing, faced six allegations all found proved. He failed to pay disbursements totalling over £13,000 despite receiving funds, misusing client money to pay personal and business expenses including family salaries. He failed to notify the SRA of the Firm's serious financial difficulties (he was bankrupt by September 2019), breached undertakings to Spencer Solicitors Ltd, and made inaccurate and misleading statements to SSL claiming costs had not been agreed and would proceed to Detailed Assessment when in fact some £72,000 had been received in May 2017. The Tribunal made an express finding of dishonesty applying the Ivey test. He also failed to effect an orderly closure of the Firm, leaving clients uninformed. He did not attend and the hearing proceeded in his absence. The Tribunal found no exceptional circumstances and struck him off the Roll, ordering reduced costs of £39,460.30 (rejecting the hourly-rate element added after the fixed-fee arrangement changed).
Duties found breached:
- Proper basis for allegations
- Not mislead third parties or opponents
- No improper use of client money
- Prompt accounting and return of money
- Orderly wind-down and contingency cover
- Self-report to the regulator
- Honour professional undertakings
Aggravating factors:
- Dishonesty in misleading litigation opponent over fictitious negotiations
- Misuse of over £14,000 of client funds to pay personal and business expenses including own and family salaries
- Repeated misconduct over a prolonged period
- Failure to engage with the regulator and Tribunal proceedings
Codes & rules applied
Duties engaged
- Proper basis for allegations
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Protect legal professional privilege
- Client-care and engagement terms
- Keep client informed and respond promptly
- Advise on alternatives, settlement and outcome
- No improper use of client money
- Prompt accounting and return of money
- Safeguard documents and limit liens
- Orderly wind-down and contingency cover
- Self-report to the regulator
- Honour professional undertakings