Jeremy Michael Wolff & Another

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

Two partners of Merriman White faced charges of conduct unbefitting a solicitor arising from accounts breaches, undisclosed conflicts of interest with claims management company Claim Line, payment of referral fees, and fraudulent 'vetting' invoices. Mr Wolff, who did not attend, was found to have acted dishonestly (applying the Twinsectra combined test) in producing fraudulent invoices on the firm's letterhead for vetting work actually done by Claims Direct, and was struck off the Roll. Mr Murphy (Respondent 2) admitted 11 allegations on a basis of plea; no dishonesty was found against him, and he was fined £25,000 with a recommendation he only practise in Law Society-approved employment. Costs of the application were ordered to be borne two-thirds by Murphy and one-third by Wolff, subject to detailed assessment, plus interlocutory costs against Murphy.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Advise on alternatives, settlement and outcome
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Supervise staff and delegated work
• No improper solicitation or touting

Aggravating factors:

• Respondents had a financial interest in the referring claims management companies
• Blatantly dishonest course of conduct in producing fraudulent invoices (Wolff)
• Senior partner failed to discharge major responsibility for regulatory compliance (Murphy)
• Clients suffered deductions from damages due to shortfalls in ATE premium recovery

Mitigating factors:

• No dishonesty alleged or found against Mr Murphy
• Long and previously unblemished career; firm established since 19th century
• Loss of NHS work and collapse of Claims Direct caused severe financial pressure
• Murphy was adjudicated bankrupt and suffered huge financial loss
• Counsel's advice had been sought to ensure compliance of the Claimline scheme
• Books reconstituted by accountants at considerable expense