A solicitor who broke the rules of the job by taki

A solicitor who broke the rules of the job by taking back money owed to him from the estate of a close family friend was fined today.

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Haslemere based Bryan Eyre Farley, 63, had financially supported a close family friend for 30 years, the Solicitors’ Disciplinary Tribunal in London heard.

Gerald Lynch, for the Law Society, told the hearing how Mr Farley had dealt with Miss Mary Kauntze since 1968 and during that time had constantly loaned her money.

‘Mr Farley and Miss Kauntze were more than just solicitor and client.

‘They became close friends and often saw each other socially with their respective partners.

‘After the death of Miss Kauntze in 1994 her co-habitee Charles George enlisted the services of Mr Farley to deal with her estate.

‘Mr Farley employed the services of an accountant to work out how much money plus interest was owed to him by the deceased woman.

‘He then sent a bill to Mr George, the executor and sole beneficiary, for pnds stlg 43,000.

‘This was approved and it was agreed the money should be repaid from the estate.

‘This was later reduced to pnds stlg 27,000,’ he added.

Mr Lynch explained to the hearing that when Mr Farley was investigated there were no records or accounts regarding the loans.

‘Because of the circumstances Mr Farley also had a conflict of interest.

‘He should have told Miss Kauntze and eventually Mr George that they should have taken independent advice.

‘If they refused he should have handed over the case over to someone else.

‘

Mr Farley’s solicitor, Miss Katrina Wingfield, explained to the hearing that he had simply been foolish.

‘He is a kind and considerate man who was helping a friend in need.

‘Miss Kauntze came to him in 1968 to employ him to carry out the conveyancing on her new home.

‘He was approached by her again in 1971 and she told him she only had two years to live.

‘She explained that in the short time she had left she wanted a little bit of comfort but had fallen on hard times.

‘He gave her a loan of pnds stlg 100.

She came to him once again and this time told him she was about to lose her home so he took over paying the mortgage.

‘Over the years he also payed her household insurance, bills, paid for her holidays and gave her money to invest in the Stock Market.

‘They often met up socially and in December 1983 Miss Kauntze introduced him to a woman who eventually became his wife.

‘The couple and Miss Kauntze co-habitee often spent time together and the older woman treat his wife as a daughter.

‘All the time Mr Farley was paying the mortgage he simply thought all he was doing was helping out two people he cared about.

‘Mr George was aware of the financial situation and the money loaned to the woman he lived with and how the mortgage was paid.

‘When Miss Kauntze died it was my client who paid for the funeral and the wake,’ Miss Wingfield added.

He also gave Mr George more than pnds stlg 400 to help him get by, she added.

The hearing was told how it was after this that Mr Farley asked for the money to be repaid.

‘He did not realise he was doing anything wrong or that it was a conflict of interest.

‘Mr George asked for the amount owed to be reduced and it was at this point he handed the matter over ton a colleague.

‘It would have been embarrassing to deal with such a situation himself under the circumstances.

‘Mr Farley made a commercial decision and reduced the amount to pnds stlg 27,000.

‘In 1998 Mr George asked my client for a loan of pnds stlg 250, when he refused he reported him to the Law Society over this matter.

‘My client has been in the profession for more than 30 years and has an exemplary record.

‘He did not act dishonestly.

He was a victim of his own generosity and is now paying the price.

‘Miss Kauntze would be turning in her grave if she knew he was before this hearing because he was simply a kind and caring man, she told the hearing.

Chairman of the Disciplinary Tribunal, Jeremy Barnecutt agreed that Mr Farley had not acted dishonestly.

‘But he did breach the guidelines laid down by his profession.

He should have kept a record of the loans and told both parties to seek independent legal advice, he added.

Mr Farley, who works for Potter Outram and Peck, of West Street, Haslemere, admitted four charges including conduct unbefitting a solicitor, acting when there was a conflict of interest, and failing to ensure Miss Kauntze and Mr George received independent legal advice,

He was fined pnds stlg 1,000 and ordered to pay costs of pnds stlg 2,214 and 63 pence.

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