The Gazette 1991

GAZETTE

DECEMBER 1991

Annual Report of The Disciplinary Committee

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. misleading information to the Law Society. Failure to account properly to a client in respect of monies obtained from t wo accident claims. Know i ng ly gave

New App l i ca t i ons:

4 4

Law Society Prima facie cases found Prima facie case not found Prima facie decision adjourned Private Prima facie case found Prima facie case not found Prima facie decision adjourned Awaiting prima facie decision

25

2 1

3 7 1 5

A t Hearing Law Society

28

Misconduct

10

2

No misconduct

Adjourned

10

Awaiting inquiry

3

Private

Adjourned

2 1

Leave to withdraw after inquiry directed

App l i ca t i ons f r om Previous Year

21

Law Society

4

Misconduct

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

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.

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.

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. 421

Falsifying the books of account of