Phillip Leonard George Avery

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

Two partners of Avery Barrie & Co faced allegations of conduct unbefitting solicitors arising from extensive breaches of the Solicitors Investment Business Rules and Solicitors Accounts Rules, including utilising clients' funds and an unexplained minimum cash shortage of over £113,000. No dishonesty was alleged or found. The Tribunal found all allegations substantiated. Mr Avery, the finance partner with primary responsibility for accounts and previously disciplined in 1987 for similar failings, was struck off and ordered to pay £3,500 costs. The second respondent, whose culpability was considerably less, was suspended for one year and ordered to pay £1,494.66 costs.

Duties found breached:

• Full disclosure on ex parte applications
• No improper communication with the court
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Accounting records, reconciliation and reports
• Supervise staff and delegated work
• Not misrepresent regulated status

Aggravating factors:

• Minimum cash shortage of £113,641.71 on client account, with no explanation offered
• Compensation Fund grants paid totalling £183,713.44 with no recoveries
• Mr Avery had previous disciplinary proceedings in 1987 for similar book-keeping/accounts failures
• Firm had been warned by Law Society Monitoring Unit visits in 1990 and 1991 and severely rebuked in 1994
• Transfers from client account to office loan account reducing partners' bank indebtedness

Mitigating factors:

• No dishonesty alleged or found against either respondent
• Second respondent's culpability considerably less than Avery's; joined existing practice and worked in a vacuum
• Difficulties with accountants, cashier and computerised accounting system
• Mr Avery's poor health and bankruptcy
• Respondents replaced some shortages from personal resources and bank loans
• Second respondent's lack of training in practice/financial management as former Chancery barrister