Tyler, William Alec - 105333

REGULATORY SETTLEMENT AGREEMENT

1. William Alec Tyler a solicitor of W A Tyler & Co solicitors of Leicester, agrees to the following outcome of the investigation into his professional misconduct under reference REG/41831-2009.

2. Background

• a. Mr William Alec Tyler is a sole practitioner trading under the style of W A Tyler & Co. Mr Tyler has been sole principal of this firm since it commenced trading on 26 July 2004.
• b. Mr Tyler acted on instructions from a Mrs G regarding the re-mortgage of four properties. These properties were not owned by Mrs G, and Mr Tyler did not satisfy himself that the instructions he received were the instructions of the owners. Mr Tyler throughout took instructions from Mrs G. As a result lenders monies were inappropriately used and paid to Mrs G or her companies, and distress caused to the owners of the properties.
• c. It is alleged that Mr Tyler was reckless in his handling of these matters and failed in his professional duties by not confirming his instructions with the true owners of the properties in his client care letters, and by not conducting proper checks on clients’ identities and other solicitors involved in the matters.
• d. Mr Tyler is suffering serious health problems.

3. Admissions

William Alec Tyler makes the following admissions which the SRA accepts:

Mrs P (re-mortgage of property)

• a. Mr Tyler admits that he failed to write to the client/owner Mrs P, confirming his instructions and did not have any direct contact with her. That he failed to verify Mrs P’s identity, or get a signed copy of his firm’s terms and conditions before undertaking the re-mortgage. Mr & Mrs K (re-mortgage of property 1)
• b. Mr Tyler admits that he failed to write to the clients/owners Mr & Mrs K, confirming their instructions. That he did not check the validity of a Power of Attorney allegedly signed by Mr K giving a power of attorney to Mrs G, which was fabricated. Neither did he check the validity of certified identity documents for Mr & Mrs K which were again fabricated.
• c. The re-mortgage of Mr & Mrs K’s property was for the benefit of a company in which Mrs G was a director. Mr Tyler admits he did not check the details of the individual who purported to be a solicitor and who provided a letter stating he had given independent advice to Mr & Mrs K on this re-mortgage. This individual was not a solicitor.
• d. This re-mortgage application was unsuccessful and instructions were received from Mrs G in respect of a further application which was allegedly made by Mrs K, the benefit of that mortgage to be paid to a Mrs L. Mr Tyler admits that these instructions were not confirmed with Mr & Mrs K, and again no client care information was provided to them.
• e. Mr Tyler admits that that he did not check the validity of letters purportedly received from another firm of solicitors stating that they had advised Mr & Mrs K on the implications of a 3rd party legal charge. Mr Tyler did not question why other solicitors would advise his clients. That firm of solicitors has since confirmed they did not give any advice, nor write any letters in respect of this matter.

Mrs K (re-mortgage of properties 2 and 3)

• f. Mr Tyler admits he did not confirm instructions with the client/owner, Mrs K, or provide her with any correspondence in which the terms of the retainer were set out, or send her a client care letter setting out his terms of business. Mr Tyler admits that he did not comply with the lender’s requirement that Mrs K was made aware of the implications of the mortgage.
• g. In respect of a to f above, Mr Tyler admits breaches of Rules 1.04, 1.05, 1.06, 2.01(1)(c) and 5.01(1)(b) of the Solicitors Code of Conduct 2007.

4. Undertakings to the SRA

William Alec Tyler accepts that the circumstances of the matters referred to in paragraph 2 above may, if referred to the Solicitors Disciplinary Tribunal, result in a fine, suspension from practice or being struck off. In view of Mr Tyler’s health, the SRA agrees to accept the following undertakings from Mr Tyler:

• a. William Alec Tyler undertakes that he will close the firm of W A Tyler & Co and remove himself from practise by 30 September 2010.
• b. William Alec Tyler undertakes that he will not practise as a solicitor following closure of the firm of W A Tyler & Co.
• c. William Alec Tyler undertakes that once he has ceased to hold client money under the style of W A Tyler & Co, he will voluntarily remove himself from the Roll of Solicitors and will in any event do this by 31 December 2010. Mr Tyler will cease to be a solicitor at this time and any perceived risk to the public will be removed.
• d. William Alec Tyler undertakes not to seek restoration to the Roll at any stage in the future.
• e. William Alec Tyler undertakes not to seek employment or remuneration from a Solicitor in connection with the practice of a Solicitor, at any stage in the future.

5. Conclusions

• a. Having regard to the admissions at paragraph 3 above, and taking into account Mr Tyler’s poor health and the undertakings given by Mr Tyler at paragraph 4, the SRA considers it appropriate that William Alec Tyler should be severely reprimanded in relation to his conduct.
• b. William Alec Tyler agrees that this Agreement may be published by the Solicitors Regulation Authority and that it may also be disclosed to any person upon request or otherwise.
• c. William Alec Tyler agrees that he will not act in any way inconsistent with this agreement such as, for example, by denying the misconduct found in paragraph 2 above.
• d. If William Alec Tyler acts in a way which is inconsistent with this Agreement, or in breach of the undertakings referred to in paragraph 4 above, all issues may be referred for consideration of his conduct, which may result in a disciplinary sanction or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations, and also on the basis that such a failure to comply may also constitute a breach of Rule 1 of the Solicitors’ Code of Conduct 2007.
• e. William Alec Tyler agrees to pay a contribution to the costs of the investigation in the amount of £1,350.