A solicitor who was ‘reckless’ in his participation or facilitation of transactions which bore hallmarks of advance fee fraud, and which caused a company to lose more than £200,000, has been suspended for 12 months.

Solicitors Disciplinary Tribunal sign

Source: Michael Cross

Simon Paget-Brown admitted all the allegations against him as part of an agreed outcome. He was found to have, while in sole practice, participated or facilitated transactions which bore hallmarks of advance fee fraud and acted in transactions for a company of which he was a director, giving rise to an own interest conflict.

He was also found to have failed to perform an undertaking given to a lender’s solicitor within an agreed timescale; caused or allowed the firm’s client account to be used as a banking facility; and failed to ensure accounting records were maintained.

Paget-Brown, admitted in March 2000, was the sole director of London firm Paget-Brown which ceased trading at the end of January 2020.

Approving the agreed outcome, the Solicitors Disciplinary Tribunal said Paget-Brown’s misconduct was serious and his culpability high as he was a ‘very experienced solicitor’ and had ‘direct control of or responsibility for the circumstances giving rise to the misconduct’.

It added: ‘The tribunal found that the respondent’s admission that his misconduct had caused Company C to lose £212,800 was properly made. The tribunal was further satisfied that the respondent’s misconduct had been aggravated by his recklessness, which he has also admitted.’

The judgment said a strike off was not justified but ‘given the serious and repeated nature’ of the misconduct there ‘is a need to protect both the public and the reputation of the legal profession from future harm’.

The SDT granted the agreed outcome and ordered Paget-Brown be suspended for 12 months. After the suspension, he will be subject to a number of conditions including that he cannot practise as a sole practitioner, manager or as a freelance solicitor; cannot hold client money; or work as a solicitor other than in employment approved by the Solicitors Regulation Authority.

Paget-Brown was also ordered to pay £15,000 costs.

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