Decision record
Frank Clifford
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8411/2001
Date01/01/2001
OutcomeSuspend - Indefinite
Allegation / charges
Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionSuspension
Dishonesty foundNo
Frank Clifford, an 83-year-old solicitor, admitted breaches of the Solicitors Accounts Rules including improperly transferring £41,371.17 from client to office account for costs without delivering a bill, and failing to rectify the shortage. The Tribunal found all allegations substantiated, including conduct unbefitting a solicitor. Given his history of two prior Tribunal appearances (a maximum fine in 1987 and a three-year suspension in 1995) and his failure to modify his behaviour, the Tribunal suspended him from practice for an indefinite period and ordered him to pay costs. No dishonesty was found.
Duties found breached:
- No improper use of client money
- Accounting records, reconciliation and reports
- Report serious misconduct of others
- No improper solicitation or touting
Aggravating factors:
- Two previous appearances before the Tribunal (1987 maximum fine of £3,000; 1995 three-year suspension)
- Failure to modify behaviour after previous sanctions
- Still had not submitted a bill of costs by date of hearing despite taking money for costs
- VAT and taxation implications of his conduct
- Previously described arrogant/autocratic attitude towards his professional body
Mitigating factors:
- Client (Mr W) had always been aware of and accepted his personal liability for costs
- Client expressed satisfaction after being notified of the costs
- Respondent achieved a good result for the client and took the case on without Legal Aid
- Advanced age (83 years) and retirement from practice with no intention to renew practising certificate