David Baynon Crosby
Allegation / charges
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
David Banyon Crosby, a partner, COLP and COFA at Crosby & Woods, was found to have attempted to mislead an SRA investigation into Client A's Personal Injury Trust by falsely claiming he was not the handling fee earner and providing fabricated letters and a file review memo. He also caused or allowed the Firm to withdraw monies from client account for costs without prior written notification to clients, creating a £39,660 shortage, and provided misleading information to the Firm's professional indemnity insurer regarding his partner's full-time status and the Firm's net worth. The Tribunal made express findings of dishonesty on all allegations (save unparticularised Code for Firms breaches). Culpability was assessed as very high. He did not attend. The Tribunal struck him off the Roll and ordered costs of £26,595.40 (reduced from the £38,355.40 claimed).
Duties found breached:
- No conflict between current clients
- No improper use of client money
- Not mislead the court
- Proper basis for allegations
Aggravating factors:
- Multiple findings of dishonesty
- Conduct deliberate, calculated and repeated over time
- Abuse of position as solicitor with access to client funds
- Fabrication of documents to conceal wrongdoing
- Knew misconduct breached obligations to protect public and profession's reputation
- Very high culpability as experienced solicitor in position of trust
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- 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
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- 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
- Prompt accounting and return of money
- 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
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising