Decision record
Alan Matthew Avetoom & Another
Allegation / charges
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Sole practitioner Alan Matthew Avetoom faced numerous allegations relating to failure to register a lease, failure to respond to correspondence and the regulator, multiple Solicitors Accounts Rules breaches, practising without a practising certificate, providing inaccurate information, failing to disclose a second client account, failing to disclose material facts to lender clients in sub-sale transactions, and breaches of undertakings. Eighteen allegations were proved or admitted. The Tribunal expressly found the conduct did NOT involve dishonesty but was reckless and fell below required standards of integrity. He was struck off and ordered to pay £35,500 costs (not to be enforced without leave). The Second Respondent, a nominal/'sleeping' partner living in Thailand, had two SAR allegations proved but was found not to have intended to be a sleeping partner; he was reprimanded and ordered to pay £2,000 costs.
Duties found breached:
- No improper communication with the court
- Not mislead third parties or opponents
- Disclose material information to client
- Complaints procedure and handling
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Hold a current practising certificate
- No baseless or threatened misconduct report
- Honour professional undertakings
Aggravating factors:
- Reckless conduct - not caring whether statements were true, stating position to remove the problem
- Breaches spanned a wide range of practice affecting clients, professional colleagues and regulator
- Exposed lender clients to risk
Mitigating factors:
- Youth and previous good character (no prior disciplinary sanctions)
- Medical problems and personal difficulties
- Pressure from police investigation and running a practice
- Replaced the c.£19,000 client account shortfall from own funds
- Did not abandon practice and tried to deal with intervention
- Frank with the Tribunal; accepted better suited to employed practice
Duties engaged
- No improper communication with the court
- Comply with and respect court orders
- Not mislead third parties or opponents
- Act in the client's best interests
- Disclose material information to client
- Keep client informed and respond promptly
- Complaints procedure and handling
- No conflict between current clients
- No improper use of client money
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Hold a current practising certificate
- Cooperate openly with regulators
- No baseless or threatened misconduct report
- Honour professional undertakings