Richard Arnold Wilkes
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Richard Arnold Wilkes, sole principal of Hansell Wilkes & Co, admitted three allegations including dishonesty. He repeatedly transferred client money to office account without delivering bills and in amounts far exceeding work done (at least 167 instances over 2011-2013), failed to rectify a minimum shortage of around £250,000-£280,000, and held £21,000 for a client with no underlying transaction (providing banking facilities). The conduct was done to address cash-flow problems and stay within the firm's overdraft limit. The Tribunal found dishonesty proved and, finding no exceptional circumstances under SRA v Sharma, struck him off. Costs were assessed at £12,250, not to be enforced without leave given his impecuniosity, age and bankruptcy.
Duties found breached:
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Segregate client money
- No improper use of client money
Aggravating factors:
- Dishonesty
- Conduct was calculated, deliberate and repeated many times over a prolonged period
- High culpability - sole responsibility
- High harm - shortage of around £250,000 not replaced; profession lost reputation and money
- Compensation Fund claims of £1,262,473.71 paid out
Mitigating factors:
- Degree of cooperation with the SRA
- Open and frank admissions
- No attempt at concealment / candid with investigation officer
- No intention permanently to deprive clients; intention to recapitalise and repay
- Generally repaid amounts (back transfers to rectify position)
- No previous disciplinary matters
- Effect of recession on a small business; sought to protect employees and clients
Duties engaged
- Honesty
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- Segregate client money
- No improper use of client money
- Account for interest on client money