Decision record
Simon William Griffiths
Allegation / charges
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor and sole director of several companies, failed to fulfil an undertaking to redeem a Bank of Scotland charge, misled the buyers' solicitors on two occasions by falsely stating the mortgage had been redeemed, failed to keep proper accounting records, improperly withdrew £30,000 of client money from a deceased estate into his own company accounts (creating a false attendance note to conceal it), and made false statements on a professional indemnity insurance proposal form. The Tribunal found all allegations proved, including express findings of dishonesty in respect of the misleading letters (allegation 1.3) and the improper £30,000 withdrawal (part of allegation 1.6/1.7), applying the Twinsectra test. The Respondent did not attend. Limited medical evidence (a counsellor's letter) was given little weight as it was served out of time and the author was not a psychiatrist. The Tribunal struck him off the Roll and ordered costs of £31,200.
Duties found breached:
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- No baseless or threatened misconduct report
- Honour professional undertakings
Aggravating factors:
- Improper withdrawal of client monies for own purposes via his own companies
- Creation of false attendance note to conceal misconduct
- Made false representations to the Forensic Investigation Officer
- Continued and ongoing breach of undertaking - charge remained unredeemed at date of hearing
- Significant harm to public interest and reputation of the profession
- Client account shortage not replaced
Duties engaged
- Overriding duty to the court
- Honesty
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Account for interest on client money
- No baseless or threatened misconduct report
- Honour professional undertakings
- Serve justice and improve the law