Decision record
Steven Platts & Another
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Before the Solicitors Disciplinary Tribunal, the First Respondent (a solicitor, principal of Sergeant & Collins) faced 20 allegations of accounts and conduct rule breaches, primarily arising from raising nine bills of £31,791.49 against dormant client balances without notifying clients, unjustified billing, overbilling probate estates, providing banking facilities, a £24,503.10 client account shortfall, misleading the SRA and insurers, and failing to comply with a Legal Ombudsman award. The original dishonesty allegation (1.21) was withdrawn with the Tribunal's permission; the Tribunal found lack of integrity but made no finding of dishonesty. All allegations were found proved (mostly admitted). The Tribunal imposed a £20,000 fine plus practising conditions restricting him from practising as a principal, holding client money or acting as COLP/COFA, and ordered £32,000 costs. The Third Respondent, an unadmitted clerk, had five allegations (sweeping residual balances, improper inter-ledger transfer, overbilling) found proved and was made subject to a section 43 order with £4,000 costs.
Duties found breached:
- No improper communication with the court
- Non-discriminatory acceptance and cab-rank
- Advise on alternatives, settlement and outcome
- Fair, reasonable and lawful fees
- No conflict between current clients
- Handle inadvertently received material
- Prompt accounting and return of money
- Account for interest on client money
- Orderly wind-down and contingency cover
- Not misrepresent regulated status
Aggravating factors:
- Calculated, deliberate and repeated conduct forming part of a general billing practice ('sweeping up')
- Nine cases of unjustified billing over a period of time; two sets of accounts qualified
- Lack of any robust controls to curtail breaches
- Firm took advantage of deceased clients and unincorporated working men's clubs
- Senior solicitor with 40 years' experience, higher rights of audience and judicial appointments who should have known of breaches
- Startling lack of insight; treated breaches as merely technical
- Lied to regulator about Mr LF's partnership status
Mitigating factors:
- Many bills generated by former partner Mr W or by the Third Respondent
- Considerable efforts to make good losses once uncovered (reversed all bills except SU Football Club)
- Previously unblemished career of 40 years
- Positive testimonials and community/judicial service
- Client monies largely repaid to client account
Duties engaged
- Overriding duty to the court
- No improper communication with the court
- 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
- Keep client informed and respond promptly
- Complaints procedure and handling
- Continuity and handover of representation
- Non-discriminatory acceptance and cab-rank
- Advise on alternatives, settlement and outcome
- Fair, reasonable and lawful fees
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Prompt accounting and return of money
- Account for interest on client money
- Orderly wind-down and contingency cover
- Self-report to the regulator
- Not misrepresent regulated status
- Serve justice and improve the law