2 solicitors from same firm blacklisted

2 solicitors from same firm blacklisted



Two lawyers from the same law firm have been struck off by the SRA .


Two lawyers from the same law firm have been struck off by the SRA after a number of unpermitted transfers from a client’s bank account created a large shortfall.

Gerard Christopher Mann, 69, and Katherine Jane Bradford, 61, formerly of Stoffel & Co, 48 High Street, Beckenham, Kent, both admitted to having made a series of improper transactions from client accounts to their own firm and/or their own purposes.

However, they denied that they had done so dishonestly.

A shortage in a client account of £139,540 was identified by a Forensic Investigation Report in connection with the case due to overpayments and unallocated transfers.

Although £75,834.70 had been replenished between March and June 2012, the client had been left with a shortfall of £63,705.79.

Evidence declared that overpayments of £88,139.70 were made from a client account between October 2002 and February 2012.

The largest overpayment stood at £23,527.08 in relation to a penalty for failing to pay Stamp Duty on time due to an error on the completion statement on a file relating to one client.

At a meeting in June 2013, it emerged that the unallocated transfers had been made to assist the firm which was struggling to manage its £25,000 office overdraft, as well as to help Mann pay for his mortgage, wages and indemnity insurance premium.

However, after considering all evidence, the case ruled that the accused did indeed act dishonestly. As a result, the Tribunal noted:  “Whilst this was a sad way for the Respondents to end their careers, having served their community for so long…” both members were struck off the roll of solicitors.

In its ruling, the tribunal emphasised that solicitors could not “help themselves to client money with the intention of putting it right later.”

In response to the verdict, the legal representative for the pair Ian Ryan accepted: “that where the Tribunal had found dishonesty, the ultimate sanction was probably inevitable.”

Adding that: “They were both proud of their profession and had provided many years of service to their community.  They had already suffered considerably financially as a result of their conduct.”  

Mr Ryan submitted that a period of 1 to 2 months would allow the Respondents to wind up the firm in an orderly fashion.

Further to being blacklisted, Mann and Bradford were both ordered to cover legal costs of £27,000 each.


 



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