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Andrew Thomas Eastham

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9689/2007
Date01/01/2007
OutcomeSuspend - Indefinite

Allegation / charges

Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionSuspension
Dishonesty foundNo

Andrew Thomas Eastham, admitted 1980, set up a separate practice (ELCS) in May 2005 to continue acting for a client (GB) after his partners declined to continue the retainer. He admitted six allegations: ELCS had no professional indemnity insurance, no books of account were kept, the client account became overdrawn, he paid his own monies into client account, he failed to check the provenance of funds, and he improperly withdrew client account funds. Other, more serious allegations (a, f, g, j, k) were stayed by consent and not proceeded with, with no finding of dishonesty made. Given extensive psychiatric evidence, both parties proposed and the Tribunal ordered an indefinite suspension (a protective measure) plus costs subject to detailed assessment in light of the Respondent's bankruptcy. Allegation (h) was deleted as a duplicate.

Duties found breached:

Aggravating factors:

  • Serious unadmitted allegations stayed (could be revisited on early recovery)
  • Continued acting for client after partners had ceased the retainer following a Proceeds of Crime production order

Mitigating factors:

  • Extensive contemporaneous psychiatric/psychological evidence; longstanding ill health worsened over the relevant period
  • Three month hospital admission in 2008 and further serious psychiatric episode in March 2009
  • Respondent expressed remorse and high regard for professional standards
  • Funds withdrawn were restored to client account; no intent to improperly withdraw for his own purposes
  • Cooperation with proposal/agreed statement of facts
  • Respondent was bankrupt

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/9689/