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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

The Respondent, an unadmitted legal clerk employed by Kaufman & Co, took a £1,500 cash payment from a client's father and failed to account to her employer for it, keeping it for herself. She also completed applications to transfer seven criminal legal aid orders to her future employer (Chambers) while still employed by Kaufman & Co, intending to take clients with her. She admitted the allegation. The Tribunal found the allegation proved and made a s43 order effective 1 December 2010, restricting her employment by solicitors without Law Society permission. No allegation or finding of dishonesty was made. Costs assessed at £6,000 (reduced from the claimed £12,688.34) taking account of her means.

Duties found breached:

Aggravating factors:

  • Caused damage to the reputation of the profession
  • No evidence of actual work done for the £1,500 fee
  • Client file went missing and was never located
  • Intended to take clients to new employer; brought forward termination date to circumvent refusal to transfer legal aid orders
  • Difficulty of supervision as an outdoor clerk

Mitigating factors:

  • No previous disciplinary sanctions
  • No allegation of dishonesty
  • Admitted the allegation
  • Character references from members of the Bar provided
  • Many years of practice within the legal profession
  • Currently employed under close supervision
  • Limited means to pay costs

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/10477/