M W R Wood and A Burdett

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

Partners of Michael Wood & Co faced multiple allegations of Solicitors Accounts Rules breaches, inadequate supervision, indemnity defaults and operating their client account as a banking facility for clients and staff. The conflict-of-interest allegation was dismissed. The Tribunal found the client-account banking facility, though not breaching a specific rule, damaged the profession's good repute. Wood was additionally found to have made a misleading mortgage application that deceived the lender. The applicant did not allege dishonesty and the Tribunal made no express dishonesty finding. Wood, with a prior 1995 disciplinary record, was struck off; Burdett, with no prior findings, was suspended for 12 months. Both were ordered to pay costs jointly and severally, subject to detailed assessment.

Duties found breached:

• Honour professional undertakings
• No improper communication with the court
• No improper solicitation or touting
• No improper use of client money
• No taking unfair advantage
• Report serious misconduct of others
• Supervise staff and delegated work

Aggravating factors:

• Wood had a previous 1995 Tribunal finding for Accounts Rules breaches and had been warned to raise his standards
• Wood, as senior partner, misled a mortgage lender by overstating income, failing to disclose a county court judgment and concealing the true purpose of the loan
• Very substantial sums passed through the client account as a bare banking facility, creating money-laundering risk

Mitigating factors:

• No client lost money and no client complaint
• Respondents made admissions and received credit
• Substantial delay (around four years) in bringing/concluding proceedings
• Burdett had no previous findings and nothing impugning his integrity
• Wood suffered from multiple sclerosis and serious financial difficulties; misplaced trust in his partner/bookkeeper