Martin Darren Rounthwaite
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Martin Darren Rounthwaite, a sole practitioner and COLP of Pro-Law Network with 25 years' standing, faced six allegations all found proved. He failed to pay disbursements totalling over £13,000 despite receiving funds, misusing client money to pay personal and business expenses including family salaries. He failed to notify the SRA of the Firm's serious financial difficulties (he was bankrupt by September 2019), breached undertakings to Spencer Solicitors Ltd, and made inaccurate and misleading statements to SSL claiming costs had not been agreed and would proceed to Detailed Assessment when in fact some £72,000 had been received in May 2017. The Tribunal made an express finding of dishonesty applying the Ivey test. He also failed to effect an orderly closure of the Firm, leaving clients uninformed. He did not attend and the hearing proceeded in his absence. The Tribunal found no exceptional circumstances and struck him off the Roll, ordering reduced costs of £39,460.30 (rejecting the hourly-rate element added after the fixed-fee arrangement changed).
Duties found breached:
- Honour professional undertakings
- No improper use of client money
- Not mislead third parties or opponents
- Orderly wind-down and contingency cover
- Prompt accounting and return of money
- Proper basis for allegations
- Self-report to the regulator
Aggravating factors:
- Dishonesty in misleading litigation opponent over fictitious negotiations
- Misuse of over £14,000 of client funds to pay personal and business expenses including own and family salaries
- Repeated misconduct over a prolonged period
- Failure to engage with the regulator and Tribunal proceedings
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising