A commercial property solicitor who failed to register his clients’ interests in relation to the purchase of a pub has been fined £5,500.
Kerr Clement, admitted in June 2009, was an assistant solicitor at Bury St Edmunds firm Burnett Barker Solicitors Ltd when he failed to register his clients’ interest in the purchase of the Old Eagle pub within the appropriate time.
Clement also was alleged to have failed to perform, within a reasonable amount of time, undertakings he had provided in respect of the registration of security over a property and in respect of the registration of Barclays Bank’s security over the pub. Clement, who was dismissed by the firm in October 2019, admitted the allegations.
The Solicitors Disciplinary Tribunal, which accepted the agreed outcome, said: ‘Mr Clement was an experienced solicitor with direct control of the matters giving rise to his misconduct. He had failed to comply with undertakings given and thus had caused harm both to his clients, the firm, and to the reputation of the profession. He had failed to act in the best interests of his clients.’
The judgment acknowledged that Clement had cooperated fully with the Solicitors Regulation Authority and made admissions ‘at the earliest opportunity’.
In mitigation, not agreed with the SRA, Clement said ‘there were not deliberate acts’ but ‘inadvertent mistakes when [Clement] had a very busy workload’.
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The mitigation added: ‘[Clement] lost his job for his mistake, and he has found it difficult to work since the publication of the referral to the SDT. He has been unable to work since November 2024 whilst he awaits the outcome of these proceedings which has caused significant financial difficulties for him.’
Clement was fined £5,500 and ordered to pay costs of £1,350.
