A Kettering solicitor who made ‘a horrendous error

A Kettering solicitor who made ‘a horrendous error of judgement’ when he acted for the wrong client has been suspended for a year.

Graham Wood, 54 was instructed to prepare documents for a property company who were later involved in a legal dispute over pnds stlg 15,000 in unpaid rent with the tenant.

Company lawyers turned up at the High Court to find Wood acting for the tenant they were suing, the Solicitors’ Disciplinary Tribunal heard.

Using confidential information from the property firm Mersea, Wood won the case.

But Mersea were later awarded pnds stlg 43,000 in an action against him for professional negligence.

And today (Thurs) Wood held his head in his hands in despair as he was suspended from the profession for 12 months.

He was warned his career could be over if he ever appeared before the tribunal again.

The Law Society panel heard how father-of-two Wood was asked to prepare the tenancy agreement for Peter Dynes in relation to property on the the Oakley Hay Lodge Business Park, Northants.

At that time Wood he ran his own company, Graham J Wood from offices in Kettering.

But the firm became concerned because Mr Dynes was allocated exclusive use of 30 prized car parking spaces at the business park.

A dispute flared over the spaces between Mr Dyne and Mersea, said Mr George Marriott, prosecuting for the Law Society.

Mr Dyne left the business in March 1997, still owning pnds stlg 15,000 in rent arrears.

The company took action to recover the money, but their case was set aside or lost in the county court because the lease Wood drafted was defective.

Mersea took the case to the Chancery Division of the High Court on appeal, where Mr Dyne was advised by Wood despite the clear conflict of interests.

Wood had decided to help Mr Dyne because he was embittered about the negligence action Mersea had already taken against him, the tribunal heard.

‘Wood could not possibly act for Mr Dyne,’ Mr Marriott explained.

‘Having obtained confidential information acting for Mersea, he then used that information against Mersea for its detriment.

‘

The case was dealt with by the Solicitors Indemnity Fund and Office of Supervision for Solicitors but Wood simply ignored a whole series of letters.

He was informed he could no longer practice on his own because of the case, but continued to do so for months.

Wood has since gone into partnership and has the firm Wood Shoreham at (16 to 18) Station Road, Kettering.

The lawyer was found guilty of conduct unbefitting a solicitor at the hearing in London.

Mr Tony Noone, defending Wood, said he was a staunch methodist and chairman of the local Gilbert and Sullivan Society.

Wood started work as a solicitor’s office boy as a 16 year old and became a lawyer in 1977.

‘He had taken it very badly when Mersea took negligence proceeding against him,’ said Mr Noone.

‘He decided to take instructions in those particular circumstances.

‘

‘There was nobody better fitted to represent Mr Dyne, although Mr Wood plainly could not do it,’ said Mr Noone.

‘He feels that he has let himself down, he has let the profession down by behaving in this way and he asks for a last chance.

‘He accepts now what a horrendous error of judgement he made,’ Mr Noone added.

The tribunal chairman Mr John Potter told Wood: ‘This case was an extremely serious conflict of interests aggravated by a deliberate refusal to answer correspondence from a number of professional bodies and continuing in practice when not approved to do so for a considerable period of time.

He added: ‘We know in this case there has been no loss to the public.

‘In the circumstances we are able to draw back from the ultimate sanction of striking off.

‘The respondent should be in no doubt that should he ever appear before this tribunal again that order will take place.

‘

In addition to the suspension Wood was ordered to pay pnds stlg 2,309 costs.

Wood appeared at the hearing but left without comment.

ends