Catherine Bong & Another
Allegation / charges
Client Money, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Consolidated proceedings against two solicitors of B & W Law LLP. Respondent 1 was found to have breached the Solicitors' Accounts Rules (round-sum transfers, overpayment, poor records, failure to remedy), taken Court of Protection costs without assessment, provided misleading costs information, failed to disclose to a lender, completed a misleading Certificate of Title, failed to file multiple Accountant's Reports, ignored Law Society correspondence and Adjudicator directions. No dishonesty was alleged or found. He was fined £15,000, ordered to pay £17,000 costs, and from 26 April 2008 restricted to approved employment; two IPS awards were made enforceable as High Court orders. Mrs Bong was found to have given misleading costs information and submitted an inaccurate PII proposal; the Tribunal endorsed her existing indefinite suspension and ordered £4,000 costs.
Duties found breached:
- Not mislead the court
- No improper communication with the court
- Disclose material information to client
- Non-discriminatory acceptance and cab-rank
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Accounting records, reconciliation and reports
- Safeguard documents and limit liens
Aggravating factors:
- Chaotic state of accounts and failure to put matters right without delay
- Multiple regulatory failures across several practices
- Attempting to avoid personal responsibility for inadequate professional service awards by relying on a technical LLP defence
- Mrs Bong already subject to indefinite suspension and prior disciplinary findings
Mitigating factors:
- Catastrophic computer/server crash destroying accounting records, beyond his control
- No dishonesty alleged or found against Respondent 1
- Overpayment to clients repaid
- Instructed accountants to reconstruct records and filed some reports
- Attempted (mistakenly) to be transparent with clients about charges; widespread practice in profession
- Lenders aware of the builder discounts
- Attended hearing and apologised; practising as locum
- Mrs Bong's actions partly due to inexperience and ill health; insurers were in fact aware of the true position
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Duties engaged
- Not mislead the court
- No improper communication with the court
- Disclose material information to client
- Non-discriminatory acceptance and cab-rank
- Advise on alternatives, settlement and outcome
- No conflict between current clients
- Handle inadvertently received material
- No improper use of client money
- Accounting records, reconciliation and reports
- Safeguard documents and limit liens
- Cooperate openly with regulators