An angry solicitor stormed out of a disciplinary h
An angry solicitor stormed out of a disciplinary hearing today (Thurs) after he was struck off and branded dishonest.
Essex lawyer John Bacon, 57, appeared stunned at the decision and had to ask the chairman of the tribunal
if he had been ‘discarded’ from his profession.
When told he could no longer hold himself as a lawyer Bacon walked out of the Solicitors’ Disciplinary Tribunal in central London muttering: ‘That is 32 years down the drain.
‘
Bacon had shored up his practice with more than pnds stlg 25,000 belonging to clients.
The married father-of-four claimed the pressures of running three offices led to a ‘muddle’ in his company accounts.
But the tribunal learnt Bacon failed to pay out money due to clients and used the cash to prop up his company accounts instead.
David Barton, for the Office for the Supervision of Solicitors, said that the impropriety occurred at Bacon and Co, a firm he ran with offices in Danbury, Billericay and Colchester.
Investigators who examined the firm’s accounts in September last year found a cash shortage of pnds stlg 26,800 on the clients account, said Mr Barton.
The firm was subject to intervention in October by the Law Society while Bacon was mad subject to a voluntary arrangement with creditors.
Mr Barton said the lawyer had acted for a client in a clinical negligence claim in April 1999.
Bacon received pnds stlg 48,500 for the client in respect of costs and pnds stlg 16,000 was to be paid to two barristers for their work on the case.
But the barristers’ cash had still not been paid by the following year, said Mr Barton.
Bacon also failed to pay out cash he received from property clients as disbursements for stamp duty and land registry fees.
But investigators found Bacon instead transferred unauthorised sums into the office account.
And in May 2000 a criminal client was awarded pnds stlg 20,295.
41 in costs.
But the tribunal heard Bacon received the money and did not tell the client.
‘The client discovered it when he called the court,’ said Mr Barton.
Bacon finally paid pnds stlg 17,180.
43 to the client in June.
But a probe of his books revealed there was only a paltry pnds stlg 603.
12 lodged on that account so it was effectively in the red to the tune of more than pnds stlg 16,500.
Mr Barton said Bacon was asked by Law Society officials if he agreed he was ‘funding office account with clients funds’ and he replied: ‘Yes.
‘
‘He was benefitting directly from these activities in the sense his office account was shored up for a period of time and he knew what he was doing,’ said Mr Barton.
‘I put it as a case where it has gone from improper behaviour into the realms of dishonesty.
‘
He added that the solicitors’ compensation funds has received claims of more than more than pnds stlg 37,000 from Bacon’s clients.
Bacon, of White Willow House, Colemans Lane, Danbury, Essex, denied acting dishonestly but admitted breaching accounts rules; withdrawing money from clients accounts other than permitted; using clients money for his own benefit; and not acting in the best interests of clients.
Representing himself, he pleaded for leniency and told the hearing: ‘All these matters really arose from an ever increasing muddle within the office and the inability to cope with conveyancing matters, which I should not have taken on board, bearing in mind the intense pressure that had come from the criminal work.
‘I was under extreme pressure to keep my business afloat and to survive in the fierce jungle of the legal world.
‘It was never my intention to be dishonest.
‘
Bacon added that he has been working late night shifts as a taxi-driver to support himself.
But the tribunal found dishonesty proved against Bacon.
Tribunal chairman Anthony Isaacs told Bacon: ‘We have to protect the interests of the public and in any case where there is a finding of dishonesty it is almost inevitable that a solicitor will be struck off and we make that order.
‘
The stunned lawyer asked the Tribunal: ‘Does that mean I’m discarded from the profession? ‘
Bacon picked up his briefcase and stormed out of the hearing as Mr Isaacs replied: ‘You can appeal against our finding and you can, with consent from the Law Society, continue to practice as a clerk in the profession, but you can’t hold yourself out to be a solicitor.
‘
The tribunal also ordered Bacon pay costs of pnds stlg 1,762.
50p.
ends
