Decision record
Jeremy Humphrey Ashton Roberts
Allegation / charges
Breaches, Client Money, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Jeremy Humphrey Ashton Roberts, a solicitor admitted in 1967 and partner in Bendall Roberts, operated a system whereby he raised interim probate bills, transferred the money from client to office account without delivering the bills to clients, then later issued credit notes to reduce the charges to the correct figure. This gave him the improper use of clients' money to keep his Firm's overdraft within its £40,000 limit. A forensic investigation found a minimum cash shortage of £202,718.10 as at 30 September 2011. The Tribunal, hearing the case in the Respondent's absence, found all five allegations proved (admitted) and found dishonesty proved to the highest standard under the Twinsectra test, describing it as one of the most blatant and systematic instances of dishonesty imaginable, aggravated by his role as executor in several matters. He was struck off the Roll and ordered to pay costs of £31,600.
Duties found breached:
- Honesty
- No taking unfair advantage
- Costs and fee transparency to client
- No conflict between current clients
- Segregate client money
- No improper use of client money
Aggravating factors:
- Systematic and blatant conduct over a long period (from mid-2000s)
- Minimum cash shortage of over £202,718.10, with actual misuse considerably higher
- Motivated by desire to keep Firm's overdraft within the £40,000 limit
- Continued the practice despite being warned by an assistant's email in October 2010
- Respondent was executor in a number of matters, representing a particular breach of trust
- Clients and beneficiaries deprived of interest and delayed distribution of estates
Mitigating factors:
- No previous disciplinary findings
- Health issues and memory problems
- Retired from legal work in March 2015
- Admitted allegations 1.1 to 1.5