Mark Gittins

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

Mark Gittins, a sole practitioner solicitor, faced 16 allegations of conduct unbefitting a solicitor arising from two Forensic Investigation reports revealing serious Solicitors Accounts Rules breaches, client account shortages (£14,152.65 and later £32,679.57), fictitious ledger entries with no physical fund transfers, use of clients' money for his own or other clients' benefit, substantial overcharging on probate matters, and misleading letters to the Law Society and clients. The Tribunal proceeded in his absence after refusing an adjournment. No dishonesty was alleged or found, but the Tribunal found lack of integrity, probity and trustworthiness and serious mismanagement. He was struck off the Roll and ordered to pay costs (to be assessed, including FIO and costs draftsman costs).

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Not mislead third parties or opponents
• Continuity and handover of representation
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Cash shortages on client account (£14,152.65 then £32,679.57)
• Book entries made without equivalent physical transfer of funds, so books did not show true position
• Substantial overcharging on probate matters (e.g. 422% over maximum reasonable)
• Persistent monthly client account shortages over 12 months
• Failure to disclose to Law Society that the £5,000 cheque was payable to himself despite holding paid cheque
• Non-compliance persisted through second inspection
• Public money placed at risk

Mitigating factors:

• No allegation of dishonesty made
• Admitted a number of allegations
• Made some effort to put matters right and made good shortages
• Suffered from depression for several years
• No evidence any client or member of public actually suffered loss