Decision record
Sheila Davenport
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10477/2010
Date01/01/2010
OutcomeS.43 Order (clerks)
Allegation / charges
Client Money, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionOther
CostsGBP 6,000
Dishonesty foundNo
Sheila Davenport, an unadmitted legal clerk employed by Kaufman & Co, admitted a s43 allegation that she failed to account to her employer for a £1,500 cash payment from a client and prepared legal aid transfer applications to her future employer while still employed by Kaufman & Co. The Tribunal found the allegation proved (admitted) and noted no allegation of dishonesty was made. It granted a s43(2) order restricting her employment in legal practice without Law Society permission, effective 1 December 2010, and ordered her to pay costs of £6,000 (reduced from £12,688.34).
Duties found breached:
Aggravating factors:
- Failed to account for client fee and kept it for herself
- Intended to take clients with her to new employer, evidenced by bringing forward termination date
- Lack of adequate supervision as an outdoor clerk
- No evidence of actual work carried out for the £1,500 fee
- Missing client file never located
Mitigating factors:
- No allegation of dishonesty
- Admitted the allegation
- Positive character references from members of the Bar
- Long career in the legal profession
- Currently employed under close supervision
- Genuine embarrassment and acceptance of error of judgment