Decision record
Richard Michael John Smith
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a sole practitioner, was found to have committed ten allegations including dishonestly using client Mrs C's £9,999.32 to pay his own Tribunal costs owed to the Law Society, using other clients' money to make up the payment to Mrs C, and providing misleading information to the SRA's Forensic Investigation Officer. He also failed to comply with three Adjudicators' decisions, failed to cooperate with the LCS/SRA, failed to deliver Accountants' Reports, kept inadequate books of account, breached Accounts Rules, and practised without indemnity insurance. The Tribunal expressly found his conduct dishonest by the Twinsectra test. He was struck off the Roll and ordered to pay costs of £13,109.75, not to be enforced without the Tribunal's consent. The Respondent did not appear.
Duties found breached:
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Report serious misconduct of others
Aggravating factors:
- Dishonest manipulation of client Mrs C's funds
- Providing misleading information to the SRA investigator
- Client account shortage of minimum £12,926.63
- Previous appearance before the Tribunal on 13 March 2008
- Clients Mr L and Mrs T still awaiting their money