Mark Gittins

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

Mark Gittins, a sole practitioner solicitor, faced numerous allegations of conduct unbefitting a solicitor arising from two Forensic Investigation reports revealing client account shortages (£14,152.65 then £32,679.57), accounting rule breaches, fictitious book transfers, substantial overcharging on probate estates, misuse of client funds, and misleading correspondence including failing to disclose a £5,000 cheque payable to himself. The Tribunal heard the matter in his absence after refusing an adjournment. No dishonesty was alleged or found, but the Tribunal found a serious degree of mismanagement and failure to exercise integrity, probity and trustworthiness. He was struck off the Roll and ordered to pay costs subject to detailed assessment.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Not mislead third parties or opponents
• Continuity and handover of representation
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Serious degree of mismanagement and ignoring requirement for full compliance with SAR
• Book entries made with no equivalent physical transfer of funds, so books did not show true position
• Substantial overcharging on probate matters (one bill 422% of maximum reasonable amount)
• Using clients' money for own purposes and using one client's money for another
• Cash shortages persisted at second inspection
• Failure to disclose to The Law Society that the £5,000 cheque was payable to himself despite holding a copy showing this

Mitigating factors:

• No allegation of dishonesty made by the Applicant
• Admitted a number of the allegations
• Made some effort to put matters right and made good shortages
• Suffered from depression for several years and had been unable to work
• No report that any clients or members of the public had actually suffered loss