Litigation Disciplinary Tribunals 20/1/98

Sidney Michael Eden, 61, former solicitor of Bidborough, Kent, ordered to be restored to the Roll and to pay £357.85 costs. He was struck off in 1972 for, inter alia, failing to keep properly written up books and accounts, failing to attend to the affairs of a client and failing to honour a professional undertaking. Tribunal noted that striking off order was made some 25 years ago and observed that at the time of the offence he had suffered serious personal difficulties. Although the allegations substantiated against him were serious, there was no question of dishonesty on his part and no client had suffered loss. He had continued to work over the whole period while struck off in work of a responsible nature where he found himself in a position of trust. The tribunal considered that the public was not in need of protection from him and that his re-admission to the roll could in no way prejudice the good reputation of the solicitors' profession.

David Michael Berger, 55, admitted 1967, practising at material time on his own account as Berger & Co, in Worship Street, London EC2, fined £3,000 and ordered to pay costs of £1,057. Allegations substantiated that he failed to keep accounts properly written up and failed to effect reconciliation of client account. The tribunal observed that it was of importance for the reputation of the solicitor's profession to ensure that clients' money was not placed in jeopardy. But the tribunal recognised that Berger had been ill served by his reporting accountant. The tribunal gave credit for the fact that no claim had been made on the Law Society's compensation fund and that he had made strenuous and costly efforts to put matters right.