Decision record
John Allan Jones & Lucinda Jane Rosemary Rowberry
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Second Respondent (Rowberry), a partner and COLP at Carver Jones, was found to have breached the SRA Accounts Rules and Principles 6 and 7 (and 8 of the Code) arising from improper transfers from client account made by her partner (the First Respondent), a failure to remedy resulting shortages, poor accounting records, and transporting £21,000 in cash without safeguards. Allegations of lack of integrity (Principle 2) against her were NOT proved, and no dishonesty was alleged against her. The Tribunal found her culpability low, largely a victim of her misplaced trust in the First Respondent. She was fined £10,000, reduced to £5,000 due to her limited means (she was a discharged bankrupt), and ordered to pay costs of £4,575.70. The First Respondent (Jones) was found dishonest on multiple allegations and struck off. This analysis focuses on the Second Respondent; the sanction of a fine relates to her.
Duties found breached:
- No improper communication with the court
- Uphold public trust in the profession
- Handle inadvertently received material
- Segregate client money
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
Aggravating factors:
- Trusted the First Respondent and failed to act - she was first aware of shortage in November 2013 but merely refused to sign reconciliations
- Acted in breach of position of trust as a partner
- Did not report the wrongdoing to the Regulator or put measures in place to prevent further transfers
- Ought reasonably to have known conduct was in breach of obligations
Mitigating factors:
- Misconduct arose out of deception by the First Respondent
- Co-operated with the Regulator throughout
- Made a number of admissions
- Attended the Firm's office numerous times after the Intervention (approx 110 hours) to assist
- Showed insight and took matter seriously
- Previously unblemished career
- Low culpability, no personal motivation
Duties engaged
- 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
- Handle inadvertently received material
- Segregate client money
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports