Henry Charles Adrian Syms

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

Mr Syms, a director and co-owner of Lee Syms Ltd (trading as Swain & Co), admitted three allegations relating to the improper retention and use of Legal Aid Agency Statutory Monthly Payments (containing client money for professional disbursements) to run the firm, causing a minimum client account shortage of £263,508.45 and ultimately leaving third-party suppliers owed over £647,000 when the firm went into administration in November 2020. He admitted recklessness (not dishonesty) in respect of allegations 1.1 and 1.3. The SRA withdrew its primary dishonesty allegations as disproportionate given the agreed sanction. The Tribunal, dealing with the matter on the papers by agreed outcome, found the admissions properly made, found lack of integrity, and ordered him struck off the Roll plus costs of £6,582.88. No express finding of dishonesty was made.

Duties found breached:

• Act only on proper, lawful instructions
• Non-discriminatory acceptance and cab-rank
• Prompt accounting and return of money
• Report serious misconduct of others

Aggravating factors:

• Reckless conduct (admitted)
• Respondent and firm benefited from use of client and public money
• Misconduct continued over approximately 5 years
• Conduct was deliberate
• Client account shortage stood at £610,621.07 on 5 February 2019; shortage of £263,508.45 not replaced
• Ought reasonably to have known unpaid disbursements were client money and their use was a material breach

Mitigating factors:

• Cooperated with the SRA investigation
• Made early admissions
• Believed historical practices inherited from previous owner were acceptable (mitigation advanced by Respondent, not endorsed by SRA)

⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]