Decision record
Stephen Brian Simmons
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Stephen Brian Simmons, a solicitor at Brightstone Law LLP, was found to have failed to disclose his 2014 Bankruptcy Order and 2015 Bankruptcy Restrictions Undertaking to both the Firm and the SRA, submitted three false Annual Compliance Declarations denying an IVA, and practised while his Practising Certificate was automatically suspended, between approximately 2014 and 2020. The Tribunal found all five allegations proved, including dishonesty in each, rejecting his explanations of forgetfulness and reliance on unrecorded advice from a deceased accountant. Culpability and harm were assessed as very high with no exceptional circumstances under Sharma/James. He was struck off the Roll of Solicitors. Although costs of £40,293.60 were claimed and found reasonable, the Tribunal made no order for costs given his limited means, age and health.
Duties found breached:
- Honesty
- Uphold public trust in the profession
- Handle inadvertently received material
- Hold a current practising certificate
- Self-report to the regulator
Aggravating factors:
- Dishonest conduct
- Repeated and deliberate concealment over approximately six years
- Substantial experience as a solicitor (admitted 1980)
- Prior personal knowledge of bankruptcy and its consequences for a solicitor
- Limited evidence of genuine insight
- Risk of harm to the Firm's insurance and liabilities from practising while suspended
Mitigating factors:
- Age (75)
- Recent serious health issues
- Long career of over 40 years
- No complaints about client care and reputation as competent, hard-working solicitor
- Prior disciplinary finding of some antiquity (1996), treated as person of good character
- Partial admission of facts
Codes & rules applied
Duties engaged
- Honesty
- Integrity
- 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
- Handle inadvertently received material
- Hold a current practising certificate
- Self-report to the regulator