Graham Stanley Hessell

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

Graham Stanley Hessell, a solicitor qualified in 1988, took over a practice (Lewis Hessell & Co) before he had three years' post-qualification experience, holding out retired sole practitioner Mr Lewis as a partner to appear supervised and to attract lender clients. The Tribunal found this holding out dishonest. He admitted numerous Solicitors Accounts Rules breaches, including client account shortages (a £7,866.28 shortfall left largely unrectified) and using client funds for his own and other clients' purposes. He failed to properly supervise/manage his offices, and was found to have falsified and backdated file records. The Tribunal found allegations (i)-(vi), (ix), (xiv) and (xv) substantiated, found him untruthful, and concluded he lacked the requisite probity, trustworthiness and integrity. He was struck off the Roll and ordered to pay 60% of costs to be taxed if not agreed.

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• Not misrepresent regulated status

Aggravating factors:

• Arrogant disregard for rules and regulations governing the profession
• Set up practice as a sole principal within three years of admission using a sham partnership (Mr Lewis's name on letterhead) to appear supervised
• Deceived institutional lending clients who would not instruct a sole practitioner
• Found to have been untruthful to the Tribunal (including regarding urgency of client account shortfall and Law Society approval)
• Failed to take urgent steps to rectify client account shortfall
• Systematic backdating of correspondence and creation of file copies of undespatched documents

Mitigating factors:

• Considerable difficulties with accounts/cashier staff
• Previous good character and high professional esteem
• No client complaint and no client suffered loss
• Inherited accounting deficiencies from predecessor practice
• Damage caused by adverse publicity over Alliance & Leicester writs relating to predecessor Mr Lewis
• Respondent's health and financial position destroyed; living on income support