Decision record
Howard Victor Stone
Allegation / charges
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Howard Victor Stone, a sole practitioner admitted in 1978, faced allegations arising from accounts breaches, misuse of a purported joint escrow account with BOS, and overcharging in relation to property transactions instructed by a Swiss company, RTC. After his application to adjourn (to seek evidence from a former RTC CEO) was refused, the Respondent admitted a lack of integrity regarding the BOS account, then withdrew from the hearing before giving evidence. The Tribunal found Allegations 1.1, 1.2, 1.3, 1.5, 1.6 and 1.7 (dishonesty) proved, but found Allegation 1.4 not proved. It found he had set up an account under his sole control contrary to his agreement with another firm (D Solicitors), misled them, and withdrew over £200,000 for fabricated and grossly inflated costs, as well as diverting funds to pay another client's personal costs and to fund his indebted practice. The Tribunal made an express finding that the Respondent had been 'thoroughly dishonest.' He was struck off the Roll and ordered to pay costs of £83,616.63, the Tribunal rejecting his unsupported claims of impecuniosity.
Duties found breached:
- Proper basis for allegations
- No improper use of client money
- Accounting records, reconciliation and reports
Aggravating factors:
- Systematic and consistent breaches of the Accounts Rules over a significant period
- Calculated deception of another solicitor (D Solicitors) to enable defalcation of approximately £200,000 from a deposit account intended to be preserved pending resolution of a dispute
- Gross overcharging - fabricated bills totalling £196,832.50 against reasonable costs of about £29,000 (overcharge of around 85% / £167,000)
- Fabricated bills with no time recorded, no periods specified, obfuscation via credit notes and recharging, and 'special fee' entries with no justification
- Misuse of client funds to fund his own indebted practice and to pay another client's (Mr RA's) personal legal costs
- Attempt to stave off proceedings to allow further practice before retirement, then absenting himself from the hearing immediately before giving evidence
Mitigating factors:
- No previous disciplinary findings against the Respondent
- Long career of over 35 years in the profession
- Admitted a lack of integrity regarding the escrow/BOS account and admitted certain accounts breaches
Duties engaged
- Proper basis for allegations
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- No improper use of client money
- Accounting records, reconciliation and reports