Andrew William Densham
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew William Densham, a sole practitioner trading as Phoenix Solicitors, faced multiple allegations of conduct unbefitting a solicitor including accounts rules breaches, practising without a certificate, failing to file accountant's reports, false statements about professional indemnity insurance, and failure to comply with adjudicator/court directions. He ultimately admitted all allegations but denied dishonesty. The Applicant put the case as one of dishonesty, but the Tribunal's findings characterised the conduct as gross mismanagement and 'highly improper practices which had compromised the Respondent's integrity' without an express finding of dishonesty. The Tribunal found all allegations substantiated, struck him off the Roll, ordered costs of £12,636.68, and made the Adjudicator's £850 direction to Mr L enforceable as a High Court order.
Duties found breached:
- Not mislead the court
- No improper communication with the court
- Comply with and respect court orders
- Not mislead third parties or opponents
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- Segregate client money
- No improper use of client money
- Accounting records, reconciliation and reports
- Hold a current practising certificate
- Not misrepresent regulated status
Aggravating factors:
- Wholesale breach of almost every regulatory requirement imposed on solicitors
- Misconduct at the most serious end of the scale
- Minimum cash shortage on client account of £15,460.21 not shown to be replaced
- Persistent failure to cooperate or respond to professional body
- Misconduct compromised integrity and public confidence in the profession
Mitigating factors:
- Eventually admitted all allegations
- Apologised to the Law Society and the profession
- Cited inexperienced support staff and a personal tragedy at time of inspection
- No longer practising following intervention
Duties engaged
- Not mislead the court
- No improper communication with the court
- Comply with and respect court orders
- Not mislead third parties or opponents
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- Segregate client money
- No improper use of client money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Hold a current practising certificate
- Not misrepresent regulated status