Decisions filed recently with the Law Society (which may be subject to appeal)
Ian Patrick Charles Clay
Application 12471-2023
Admitted 2009
Hearing 30 October-1 November 2023
Reasons 29 November 2023
The SDT ordered that the respondent should be suspended from practice as a solicitor for six months to commence on 6 November 2023, and that from that date he should be restricted from practice until such time as he had completed the Law Society course on SRA Principles and SRA Code of Conduct for Solicitors, RELs and RFLs, with liberty to either party to apply to the SDT to vary that condition.
While in practice as a director and solicitor at Walker & Co Ltd the respondent had failed to make client F aware of information material to the retainer, namely (i) that an unless order had been made; (ii) the consequences of non-compliance with the unless order and subsequently; (iii) that her disability discrimination claim had been struck out, thereby breaching principles 2, 4 and 6 of the SRA Principles 2011 and failing to achieve outcome 4.2 of the SRA Code of Conduct 2011.
The respondent had given advice to client F which was likely to mislead her as to the progress of the proceedings which he was conducting on her behalf, and which he knew or ought to have known was liable to have that effect at the time he gave the advice, thereby breaching principles 2 and 6.
He had failed to make client H aware of information material to the retainer, namely that her claim had been struck out, thereby breaching principles 2, 4, and 6 of the Principles and failing to achieve outcome 4.2 of the code.
He had given information to client H which was disingenuous and/or likely to mislead her as to the reasons why the proceedings which he was conducting on her behalf had been dismissed, and which he knew or ought to have known was liable to have that effect at the time he gave it, thereby breaching principles 2, 5 and 7 of the SRA Principles 2019 and paragraph 7.11 of the SRA Code of Conduct for Solicitors, RELs and RFLs.
There had been no overt motivation for the respondent’s misconduct, rather there had been a series or errors and muddles made by him with respect to F and H.
The breaches had not been planned or spontaneous, but they were the natural consequence of the respondent’s over-confidence and an apparent laissez-faire attitude towards his clients’ cases.
The respondent was ordered to pay costs of £12,000.
Fussell Wright
On 30 January 2024, an adjudicator resolved to intervene into Fussell Wright, formerly at 59 Queen Charlotte Street, Bristol BS1 4HL. The firm closed on 23 December 2022.
The ground of intervention was that it was necessary to intervene to protect the interests of the former clients of the firm.
No intervention agent has been appointed. The intervention notice was served on 31 January 2024. Arrangements will be made to uplift the firm’s archived files and funds.
Baileys Solicitors Ltd
On 1 February 2024, a single adjudicator resolved to intervene into Baileys Solicitors Ltd and into the practice of Mohammed Imran Alam at Baileys Solicitors Ltd. The first date of attendance was 2 February 2024.
The ground of intervention into the practice of Alam was:
(i) There was reason to suspect dishonesty by Alam in connection with his practice at Baileys Solicitors Ltd (paragraph 1(1)(a)(i) of Schedule 1 to the Solicitors Act 1974 (as amended)).
The grounds of intervention into Baileys Solicitors Ltd were:
(i) There was reason to suspect dishonesty on the part of Alam, as a manager of Baileys Solicitors Ltd (the firm), in connection with the firm’s business (paragraph 32(1)(d) of Schedule 2 to the Administration of Justice Act 1985 (as amended)).
(ii) It was necessary to intervene to protect the interests of clients (or former or potential clients) of the firm and/or the interests of the beneficiaries of any trust of which the firm is or was a trustee (paragraph 32(1)(e) of Schedule 2 to the Administration of Justice Act 1985 (as amended)).
Chris Evans of Lester Aldridge LLP, Russell House, Oxford Road, Bournemouth BH8 8EX (email: Enquiries@LA-Law.com), has been appointed to act as the Society’s agent.
Laura Connerton
On 23 January 2024, an adjudicator resolved to intervene into Laura Connerton, formerly at London House Business Centre, Thames Road, Crayford, Dartford DA1 4SL. The firm closed on 31 August 2003. Ms Connerton died on 28 December 2023.
The ground of intervention was that it was necessary to intervene to protect the interests of clients or former clients of Laura Connerton (paragraph 1(1)(m) of Part 1 of Schedule 1 to the Solicitors Act 1974 as amended).
No intervention agent has been appointed. The intervention notice was served on 24 January 2024. Arrangements will be made to uplift the firm’s archived files.