On 14 March 2022, the SRA received a report concerning the Respondent’s conduct while representing two legally aided clients (Client A and Client B) in criminal proceedings. It was alleged that the Respondent advised the clients that their Legal Aid Representation Orders would not fully cover his costs and requested additional cash payments from them.

The SRA wrote to the Respondent in March 2022 requesting his observations on the report, to which following his response, the SRA commenced a formal investigation and referred the case to the Tribunal on 28 June 2024.

The Respondent accepted that during the January 2022 trial at Southampton Crown Court a total of £6,000 in cash was handed to him in a car park by Client A’s brother in law. This was against the backdrop of a Crown Court Restraint Order restricting access to the clients’ assets.

The Respondent maintained that the payments were for unrecoverable expenses, permitted under the Legal Aid contract, and provided by a third party. He stated the funds were held securely pending assessment by the Legal Aid Agency and denied any regulatory breach, including the obligation to operate a client account or conduct due diligence on the third party.

The allegation of failing to pay the funds into a client account was found proved to the requisite standard. The Tribunal concluded that while this breached Rule 2.3 of the Accounts Rules, there was no breach of the SRA Principles or Code of Conduct. In addition, the Tribunal found to the requisite standard, that the Respondent had failed to carry out the required due diligence and source of funds checks concerning the funds received from the third party in breach of the Principle 2. The remaining allegations, including those involving dishonesty and integrity, were not proved.