J R Davies (2013)

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

The Solicitors Disciplinary Tribunal found sole practitioner John Rhys Davies guilty of seven allegations, including two of dishonesty. He overcharged £80,000 (against a maximum justified £21,700) in the administration of the estate of Ms N, of which he was sole executor, and used those client monies to fund an £80,000 payment to another client (Mrs P) to avoid a professional negligence claim, without informing her or his insurers. He also misled Mrs P for around 19 months about the sale of her matrimonial home, failed to provide clients written notification of costs before transferring monies, breached accounts rules, and failed to rectify a cash shortage of £135,912.25. The Tribunal, applying the Twinsectra test, found dishonesty proved on both objective and subjective limbs, noting the absence of medical evidence of illness at the time of the misconduct in 2005. The hearing proceeded in the Respondent's absence after his adjournment application was refused. He was struck off the Roll and ordered to pay costs of £80,858.55, not to be enforced without leave of the Tribunal.

Duties found breached:

• No taking unfair advantage
• Disclose material information to client
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Dishonesty involving a considerable amount of money
• Respondent was sole executor with no accountability and free rein over funds
• Residuary beneficiaries were charities
• Client Mrs P was misled over a period of approximately 19 months
• Bills grossly excessive (£80,000 charged against maximum justified of £21,700)

Mitigating factors:

• Respondent claimed to have been suffering from mental ill health (though no medical evidence supported illness at time of misconduct)