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GAZETTE
DECEMBER 1991
Annual Report of The Disciplinary Committee
New App l i ca t i ons:
4 4
Law Society
Prima facie cases found
25
Prima facie case not found
2
Prima facie decision adjourned
1
Private
Prima facie case found
3
Prima facie case not found
7
Prima facie decision adjourned
1
Awaiting prima facie decision
5
A t Hearing
Law Society
28
Misconduct
10
No misconduct
2
Adjourned
10
Awaiting inquiry
3
Private
Adjourned
2
Leave to withdraw after inquiry directed
1
App l i ca t i ons f r om Previous Year
21
Law Society
Misconduct
4
No misconduct
5
Further inquiry held when case was remitted by the
President of the High Court
2
Adjourned
4
Leave to withdraw after inquiry directed
2
Private
Prima facie decision adjourned
2
Inquiry adjourned
2
Between the 1st September, 1990
and the 31st August, 1991 the
Disciplinary Committee met on 29
occasions.
Subject Matter of
Complaints
Civil Claims
Conveyancing
Probate
Solicitors' Accounts Regulations
Main Grounds on Which
the Committee found
Misconduct
Mi sapp r op r i a t i on of
c l i en t s'
funds.
Created and maintained a deficit on
the clients account.
Improperly and without authority
advanced the funds of one client to
the benefit of another client.
Created debit balances in the
clients accounts in breach of
Regulation No. 2 of 1984.
Failure to keep proper books of
account and was thereby in breach
of the Solicitors' Accounts Regula-
tions (No. 2) of 1984.
Falsifying the books of account of
the practice by engaging in the
improper practice of teeming and
lading.
Placing false letters and attendance
notes in clients files to support
teeming and lading.
Engaging in the practice of kiting
cheques which had the effect of
overstating the amount of monies
in the client account at relevant
times.
Books of account were misleading
and inaccurate.
Tendering cheques drawn on office
account which were dishonoured
by the bank as there were
insufficient funds or overdraft
sanctions to fund these payments.
Transferring from client's bank
account or directly lodging to office
bank account amounts in excess of
fees and outlay.
Clients funds were improperly used
to fund VAT payments.
Know i ng ly
gave
misleading
information to the Law Society.
Failure to account properly to a
client in respect of monies obtained
from t wo accident claims.
Misleading a client in relation to the
settlement of an accident claim.
Notwithstanding that a client had
paid the full purchase price, stamp
duty and Land Registry fees, a deed
of transfer was not lodged in the
Land Registry.
Drawing up false contracts for sale
in respect of an alleged offer.
Giving dishonest undertakings.
Giving two undertakings in respect
of the same property.
Failure to disclose a prior existing
undertaking when giving under-
takings in respect of a home loan.
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