B J F Dunleavy & A M Ahmed

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

Two Cardiff solicitors in partnership (Dunleavy & Co / AMA Law) faced allegations arising from Law Society forensic inspections. They admitted failing to keep and produce proper books of account and using client funds for other clients. The Tribunal found further allegations proved, including failing to notify lending institutions of material conveyancing facts, improper client-to-office account transfers, misuse of client funds and providing false/misleading information to clients. The Tribunal made an express finding of dishonesty (applying Twinsectra and Bultitude) in relation to the 'sweeping up' of small client credit balances to office account without proper bills, finding neither Respondent a credible witness. The insurance non-disclosure by Mr Ahmed was found not dishonest. Both were struck off to protect the public and the profession's reputation, and each ordered to pay £9,500 accountant costs plus the Applicant's costs to be assessed, jointly and severally.

Duties found breached:

• Not mislead third parties or opponents
• Keep client informed and respond promptly
• No improper use of client money
• Accounting records, reconciliation and reports
• No baseless or threatened misconduct report

Aggravating factors:

• Prior disciplinary history (Dunleavy: one-month suspension in 2001; reprimand in 2004)
• Accounts breaches continued from 2002 to 2006 despite being specifically drawn to their attention
• Inconsistent and disbelieved explanations; produced correcting bills only after IO interview
• Creating client account shortage rectified only the day after inspection commenced

Mitigating factors:

• No client complaints and no clients suffered loss
• Respondents lost over £10,000 themselves in the Mr Q matter
• Firm provided valuable service to ethnic minority community in Cardiff
• Mr Dunleavy's ill health; Mr Ahmed undergoing stressful divorce
• Steps taken to bring books up to date and engage new accountants/bookkeeper