Between
Applicant | Solicitors Regulation Authority Ltd |
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Respondent | Stephen Brian Simmons |
Case details
Allegation | Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2011, SRA Principles 2019 |
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Outcome | Strike off |
Executive summary | The allegations stem from the Respondent’s failure to disclose his 2014 bankruptcy to both the Firm and the Solicitors Regulation Authority (SRA) between approximately March 2014 and June 2020. All five allegations were advanced on the basis that the Respondent’s conduct was dishonest. The Tribunal found all allegations proved, including dishonesty. The Respondent’s explanations for his non-disclosure, such as believing the bankruptcy was a personal matter unrelated to his practice or claiming forgetfulness regarding the IVA, were deemed not credible. His reliance on unrecorded advice from a deceased accountant was also considered unconvincing. While acknowledging his long career and the absence of client care complaints the Tribunal considered the seriousness of the misconduct, the lack of integrity, breach of public trust, and dishonesty warranted a significant sanction. There were no exceptional circumstances and the sanction imposed by the Tribunal was that the Respondent be struck off the Roll of Solicitors. The Tribunal also considered the matter of costs but ultimately decided not to make an order for costs against the Respondent due to his limited means, age, and health. |