David Thomas Price

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

David Thomas Price, a sole-principal solicitor admitted in 1980, was found guilty of conduct unbefitting a solicitor. A Law Society inspection found his books of account were not kept in compliance with the Accounts Rules, with no client ledger, reconciliations, or up-to-date cash book. He made repeated round sum transfers (totalling £21,950 in one estate and £8,000 in another) from client to office account to cover costs without delivering bills or written intimations, resulting in a minimum cash shortage of £21,950. The transfers reduced his overdrawn office account borrowing. The Tribunal found all allegations substantiated and expressly found his conduct dishonest, applying the Royal Brunei v Tan / Twinsectra v Yardley test, noting that absence of intent to permanently deprive was relevant only to criminal theft. He was struck off the Roll and ordered to pay costs of £7,356.

Duties found breached:

• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Transfers made frequently in round sums over a substantial period of some two and a half years
• Unauthorised and secret use of clients' money of which the client was unaware
• Failure to deliver any Accountant's Reports since beginning sole practice in June 1995

Mitigating factors:

• No finding of intention to permanently deprive clients of the monies
• One co-executor (Mrs G) was initially satisfied with his conduct