Decision record
Martin Darren Rounthwaite
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Martin Darren Rounthwaite, a sole practitioner and COLP of Pro-Law Network, faced six allegations all found proved. He failed to pay disbursements totalling over £14,000 despite receiving funds, misusing client monies to pay personal and business expenses including family salaries. He failed to notify the SRA of the Firm's serious financial difficulties, breached undertakings to Spencer Solicitors Ltd, and made inaccurate and misleading statements about a road traffic accident costs claim, falsely asserting costs were unresolved and heading to detailed assessment when they had been agreed and £72,000 paid. The Tribunal found this conduct dishonest under the Ivey test. He also failed to effect an orderly closure of the Firm following his bankruptcy. Not attending, the hearing proceeded in his absence. He was struck off the Roll and ordered to pay reduced costs of £39,460.30.
Duties found breached:
- Honesty
- Not mislead third parties or opponents
- Uphold public trust in the profession
- Prompt accounting and return of money
- Orderly wind-down and contingency cover
- Report serious misconduct of others
- Honour professional undertakings
Aggravating factors:
- Dishonesty in misleading professional opponent (SSL) through fictitious accounts of ongoing negotiations and detailed assessment
- Misuse of over £14,000 of client monies for personal and business expenses including family salaries
- Repeated misconduct over an extended period
- Failure to engage meaningfully in Tribunal proceedings and non-attendance
Mitigating factors:
- No previous disciplinary matters
- Respondent cited health problems and personal issues during the relevant period
- Respondent made some admissions during the SRA investigation
Codes & rules applied
Duties engaged
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Protect legal professional privilege
- Client-care and engagement terms
- Keep client informed and respond promptly
- Advise on alternatives, settlement and outcome
- Prompt accounting and return of money
- Safeguard documents and limit liens
- Orderly wind-down and contingency cover
- Self-report to the regulator
- Report serious misconduct of others
- Honour professional undertakings