Decision record
Terrence Ballard
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Terrence Ballard, an employed solicitor whose practising certificate was conditioned so he could not be a sole practitioner, acted privately for Mr DE in criminal proceedings for a £750 fixed fee. The Tribunal found he addressed the Magistrates' Court on 5 August 2013 on his own account (recorded as 'attending solicitor') without obtaining McKenzie Friend/exempt person permission, breaching his PC condition (allegation 1.1, in part, Principle 7). It found he failed to clarify the terms/scope of his retainer, exposed the client to the risk of being unrepresented at trial, and terminated the retainer intemperately (allegation 1.3, Principles 4/5/6). It also found he repeatedly refused to comply with a Legal Ombudsman award and a County Court enforcement order (allegation 1.4). The separate-business allegation (1.2) was dismissed as the arrangement was a one-off, not a business. No dishonesty was alleged or found. The Tribunal imposed a £2,500 fine and £18,000 costs; on appeal the fine was increased to £6,000.
Duties found breached:
- Comply with and respect court orders
- Non-discriminatory acceptance and cab-rank
- Hold a current practising certificate
Aggravating factors:
- Continued refusal to pay the Legal Ombudsman's award over a period of more than two years, including after the County Court order of May 2014
- Lack of insight into the misconduct and its gravity, taking no steps to challenge or comply with the orders
Mitigating factors:
- No previous disciplinary findings
- Misconduct in acting for Mr DE was not planned
- Genuine desire to provide legal services more cheaply to those unable to afford solicitors
- No adverse comments on the Respondent's competence as a solicitor