Garry Michael Procter

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

Garry Michael Procter, a sole practitioner solicitor, faced allegations of failing to keep proper accounts, improper transfers from client account, utilising clients' money for his own purposes, and knowingly employing a struck-off solicitor (Mr Summers) without Law Society permission contrary to Section 41 of the Solicitors Act 1974. Investigation revealed substantial client account shortages. The respondent admitted all allegations. The Tribunal noted his serious ill health and difficult circumstances but found he had fallen far below the standards required. No express finding of dishonesty was made (the applicant did not suggest he acted dishonestly). Given the Section 41 breach and the seriousness of the conduct, the Tribunal ordered him struck off the Roll and to pay costs to be taxed if not agreed.

Duties found breached:

• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Large cash shortages on client account (minimum shortage exceeding £280,000, at one point over £1 million)
• Round sum improper transfers from client to office account
• Knowingly employed a struck-off solicitor (Mr Summers) without Law Society permission
• Provided a testimonial for Mr Summers indicating awareness of the disciplinary proceedings; initially disputed the letter as a forgery before admitting knowledge

Mitigating factors:

• Serious ill health / mental health problems including psychiatric hospitalisation and suicide attempt
• Overwork and stressful personal circumstances
• Death and departure of partners causing turmoil in the practice
• Loss of accounting records due to computer crash
• Applicant did not allege dishonesty in the sense of lining his own pockets
• No client complaint made against him
• Admitted all allegations and facts
• Efforts to rectify the books by employing accountants and consultants