The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years.
Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off should be seen as the almost inevitable consequence of dishonesty, and a solicitor should not escape the penalty only because he had been caught before he had opportunity to make good the default.
Judges:
Kennedy LJ, Law LJ, Lady Justice Arden
Citations:
Times 14-Jan-2005, [2004] EWCA Civ 1853
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Weston v Law Society CA 15-Jul-1998
A solicitor whose partner had taken charge of accounts and had defaulted remained himself properly subject to discipline under the Solicitors Act. The duty falling on solicitors is very high when dealing with client funds. The striking off of a . .
Cited by:
Cited – Sritharan v Law Society CA 27-Apr-2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The . .
Cited – Sheikh v The Law Society ChD 1-Jul-2005
The claimant challenged the intervention by the Law Society in her solicitors practice.
Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 29 June 2022; Ref: scu.222848