Between
| Applicant | Solicitors Regulation Authority Ltd |
|---|---|
| Respondent | Gavin Clarke |
Case details
| Allegation | Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019 |
|---|---|
| Outcome | Strike off |
| Executive summary | The Tribunal considered allegations that, between February and August 2022, the Respondent acted as a solicitor without holding a practising certificate, misleading a member of the public, Person A, about his professional status and the progress of her partner’s criminal appeal. He obtained £4,525 from Person A, failed to return the funds, and held client monies in his personal account. Although the Respondent had not engaged with the proceedings prior to the substantive hearing, he attended, made full admissions, and expressed remorse. He accepted the Tribunal’s findings in full and did not seek to justify his conduct. In mitigation, he stated that his misconduct occurred during a period of significant personal and professional difficulty, including serious health problems, loss of accommodation, and the effects of the national lockdown. He is now in supported accommodation, undertakes voluntary work, and receives state benefits reflecting his limited capacity for work. He expressed an intention to make restitution to Person A by repaying the £4,525 when financially able. The Tribunal found that the Respondent had knowingly misrepresented his status, falsely claimed to have instructed counsel, and undertaken no genuine work on the appeal, demonstrating dishonesty and a serious lack of integrity. All allegations were proved on the balance of probabilities. Given the deliberate and dishonest nature of the misconduct, its impact on a member of the public, and the need to maintain public confidence in the profession, the Tribunal concluded that striking the Respondent off the Roll of Solicitors was the only proportionate sanction. Having considered his financial circumstances, the Tribunal made no order as to costs. |