David Michael Merrick

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

David Michael Merrick, an experienced solicitor and partner at Crosse and Crosse, created a series of false bills across three client matters (Miss MC, B Deceased, and Mr and Mrs W) charging for work that had not been done, and withdrew corresponding residual client account balances totalling around £9,950 for the firm's financial gain, without delivering bills to the clients. The Tribunal found all seven allegations proved beyond reasonable doubt, including dishonesty under the Twinsectra test on each. The Respondent did not appear, did not challenge the case, and had expressly admitted one allegation including dishonesty. Given the seriousness and dishonesty, and no exceptional circumstances, the Tribunal struck him off the Roll and ordered him to pay costs of £10,000 (reduced from £11,712.20 sought).

Duties found breached:

• Proper basis for allegations
• No conflict between current clients
• No improper use of client money
• Diligence and timeliness

Aggravating factors:

• Planned and sustained course of conduct
• Experienced solicitor
• Abuse of position of trust with clients and firm
• Concealment of wrongdoing by not delivering bills to clients
• Repeated misconduct across multiple client matters
• Motivated by financial gain

Mitigating factors:

• Admissions and co-operation with the SRA demonstrating some insight
• Expressed shame and apologised
• No previous disciplinary matters
• Suffered a sailing accident causing PTSD and memory difficulties (though not amounting to exceptional circumstances and post-dating the misconduct)