Alan Joseph Fitzpatrick

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

Alan Joseph Fitzpatrick, an experienced solicitor and sole equity partner, COLP of Rowley Dickinson Limited, admitted that from 2014 he caused or allowed unpaid professional disbursements (client money) to be retained in the office account and used for general business purposes, creating a client account shortage of £485,280.08 across 951 unrepresented cheques. Cheques and letters purporting to pay service providers were drafted but not sent, giving misleading ledgers. He also failed to report the firm's serious financial difficulties to the SRA. Recklessness and lack of integrity were found/admitted, but no dishonesty was alleged or found. On an agreed outcome dealt with on the papers, the Tribunal struck him off the Roll and ordered costs of £20,611.38.

Duties found breached:

• Integrity
• No improper use of client money
• Report serious misconduct of others

Aggravating factors:

• Reckless conduct (admitted)
• Respondent and firm benefited from use of client money
• Conduct continued over some 6 years
• Conduct was deliberate
• Led to client account shortage of almost half a million pounds
• Ought reasonably to have known unpaid professional disbursements were client money and using them was a material breach
• Highly experienced solicitor, COLP, owner and sole equity partner

Mitigating factors:

• Did not realise delaying payment was a breach of the Accounts Rules
• Was in genuine financial difficulty during the period
• Stopped the practice when discovered it was a breach
• Fully rectified the client account shortage by 18 December 2019 and paid all outstanding disbursements by 7 January 2020
• Made a self-report to the SRA
• Co-operated with the SRA investigation and made admissions
• Sincere regret
• No dishonesty
• No intention to avoid payment, only to delay