Eric Samwell

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

Eric Samwell, a solicitor's clerk (not a solicitor) at Cornish & Co., created a false grant of Letters of Administration and presented it to the Cheltenham and Gloucester Building Society on 26 June 1992 to close an account, transferring £46,130.78 to the firm's client account. He did not misappropriate the funds. The Tribunal found the allegation substantiated and made an order under s.43 of the Solicitors Act 1974 restricting his employment by solicitors, and ordered him to pay £1,034 costs. No express finding of dishonesty was made; the Tribunal noted he appeared to have no financial motive and handled the monies honestly.

Duties found breached:

• No improper use of client money
• Honour professional undertakings

Mitigating factors:

• No misappropriation of the monies; part properly used to settle a planning consultant's fee
• Funds appeared to have been handled entirely honestly
• No financial motive apparent
• Advanced age (believed 69) and unlikely to seek further legal employment
• Limited financial means - reliant on state and small private pension
• Did not oppose the application
• Employers (his firm) not criticised by the applicant