Litigation Disciplinary Tribunals 10/09/96

Phyllis French, financial services consultant at material times with Sparling Ben-

ham and Brough, Colchester, banned from working for any further solicitors without written consent of Law Society and ordered to pay £514 costs. Allegations substantiated she failed to establish or maintain a central register of matters to be recorded in accordance with Solicitors' Investment Rules, failed to take reasonable steps to ascertain facts about clients' personal and financial positions or the suitability of investments or transactions for clients, failed to account to her clients for any commission of more than £10 received and/or failed to disclose to clients the commission received or the basis of calculation of commission, and failed to make reasonable enquiries to provide the best advice to her clients. Tribunal said it was essential if the Law Society was to retain its credibility as a Financial Services Act regulator that the rules were fully complied with.

Brendan Anthony Joyce, 49, admitted 1972, practising as Joyce & Co, Newcastle-upon-Tyne, fined £1,000 and ordered to pay £661 costs. Allegations substantiated he failed to deliver accountant's report on time or delivered it late.

Terence Lawrence Brown, 75, admitted 1956, practising at material time as Browne & Co, Rickmansworth, Hertfordshire, reprimanded and ordered to pay £787 costs. Allegations substantiated he failed to deliver accountant's report or

alternatively a "cease to hold" accountant's report, unreasonably delayed delivery of accountants report.

Leslie Robert Burke, 52, admitted 1967, and Noorani Tiwana, 28, admitted 1993, practising at material times in partnership as LR Burke & Co, Northwood, Middlesex, struck off and ordered to pay £3,171 costs and fined £250 respectively. Allegation substantiated that Burke was jailed after conviction at Snaresbrook Crown Court on 2 December 1994 of attempting to obtain property by deception. Allegations also substantiated he dishonestly or alternatively improperly util-ised client money for his own purposes, failed to maintain client ledger and wrongly drew client money. Burke's conviction later upheld on appeal but sentence suspended. Allegations substantiated that Tiwana failed to maintain client ledger, and wrongly drew and used client money. Tribunal told Burke's Crown Court conviction concerned a £235,000 cheque paid to his client account and an attempt by him to draw £190,000 against it. The cheque was discovered to be counterfeit and was not honoured. Burke said he received it from a client in relation to a house purchase. Tribunal said Tiwana had been an inexperienced solicitor and there was no doubt she had been naive and unwise. It accepted that Burke had been a conscientious solicitor for many years but said he could not avoid that he was guilty of the serious offence of deception.