Phillip Leonard George Avery

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

Two partners of Avery Barrie & Co. were found guilty of conduct unbefitting a solicitor across 15 allegations involving extensive breaches of the Solicitors Investment Business Rules 1990 and Solicitors Accounts Rules 1991, including utilising clients' funds for their own and others' purposes. A minimum client account shortage of £113,641.71 was identified with no explanation offered. No dishonesty was alleged or found. Mr Avery, the finance partner with primary accounting responsibility and a prior 1987 disciplinary record for similar failures, was struck off and ordered to pay £3,500 costs. The second respondent, with considerably less culpability, was suspended for one year and ordered to pay £1,494.66 costs.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Complaints procedure and handling
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Accounting records, reconciliation and reports
• Supervise staff and delegated work
• No improper solicitation or touting

Aggravating factors:

• Prior disciplinary finding in 1987 against Avery for similar book-keeping/accounts failures
• Very large client account shortage (minimum £113,641.71) with no explanation offered
• Firm had been severely rebuked in 1994 following earlier monitoring visits revealing breaches
• Compensation Fund grants totalling £183,713.44 paid out with no recoveries

Mitigating factors:

• No dishonesty alleged or found
• Health problems (Avery)
• Difficulties with staff, cashier, accountants and computerised accounting system
• Respondents replaced some cash shortages from own resources
• Second respondent joined existing practice, lacked training, worked in a vacuum with lower culpability
• Second respondent's cooperation and apology