Litigation Disciplinary Tribunals 20/12/94

HOWARD LYN DAVIES, admitted 1984, practised as Howard L Davies & Co, Pontypridd, Mid Glamorgan, struck off and ordered to pay u3,241 costs. Allegations substantiated he wrongly drew and misused client funds for own purposes and failed to keep accounts properly. Tribunal told claims totalling u65,969 made against compensation fund as result of activities of Davies and costs of intervention in his practice were just short of u35,000. Davies told tribunal that he used client money to satisfy personal undertaking given in respect of loans to client. As far as accounts were concerned he said that his books of account had been in the boot of his car when it was stolen in 1992. He had been in the process of reconstructing them at the time of intervention in his practice. Tribunal said Davies had given foolish undertaking to assist a client who turned out to be dishonest. He had treated client funds as his own and as a result the profession had paid the price both financially and in the loss of its good name.

IAN STEWART FAIRBAIRN, solicitors clerk, banned from working for any further solicitors without written consent of Law Society and ordered to pay u617 costs. Tribunal told Fairbairn, who worked as clerk with Messrs Reynolds Coleman and Jones at their Clacton, Essex, office, was given a five year jail sentence after pleading guilty at Chelmsford Crown Court on 4 November last year, among other things, to theft of over u162,000 from his employers. Fairbairn, in letter to tribunal, said his conduct in committing offences while in a position of trust was "inexcusable" and he did not dispute any of the steps taken against him.

RICHARD CHARLES BOWEN, 39, admitted 1980, practised in partnership as Paul Settatree & Co, Haverfordwest, Dyfed, struck off and ordered to pay u646 costs. Allegations substantiated that he wrongly drew and used client funds for his own purposes and misappropriated client funds. Bowen admitted misappropriation of money but said the money had not been used for his own personal purposes. He said it had related to sums of money retained as retentions held back on completion of conveyancing matters from builders to secure completion of outstanding building work. He also said he had formed an association with a mortgage broker who had become a personal friend and he had attempted to use funds for the broker's own private loan. He said he realised he should have sought help but his own vanity had led him to believe he could resolve matters to everyone's benefit.