Fiona Margaret Swainston

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

Duties found breached:

• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• No improper solicitation or touting

Aggravating factors:

• Substantial shortage on client account remained unresolved at the date of hearing
• Use of blank client account cheques created a clear risk of abuse
• Payments made on behalf of clients utilised other clients' money
• Shortages had existed for extended periods (over six months and over twenty-four months in sample matters)

Mitigating factors:

• Admitted the facts and allegations
• Tribunal found her honest and straightforward
• No allegation of dishonesty by the Applicant; no deliberate failure
• Responded promptly to Law Society correspondence
• A member of staff had misappropriated client funds
• Took steps to remedy shortages, including borrowing and capital injections, and implemented new accounting systems and engaged an experienced bookkeeper
• Faced initial difficulties on taking over the practice including staffing and local Bar hostility