TRI/1010368-2011
David James Browne
REGULATORY SETTLEMENT AGREEMENT
1. David James Browne (admitted 16 November 1981) a partner with Parkes Browne Solicitors of 24-32 London Street, Andover, Hampshire, SP10 2PE agrees to the following outcome of the investigation into his professional conduct under TRI/1010368-2011.
Background facts
2. In 2006 Mr Browne was instructed by Mr G a solicitor to act on his behalf in connection with the transfer of a residential property ("the Property") from the joint names of Mr G and Miss F into the sole name of Mr G.
3. Mr Browne was also instructed by Mr G in connection with a simultaneous remortgage of the Property. He was not instructed to act on behalf of Miss F in respect of the transfer or the remortgage of the Property.
4. Mr Browne prepared a transfer and sent this to his client Mr G for execution. Mr G obtained the signature of Miss F to the transfer transferring the Property into Mr G's sole name without consideration.
5. Mr Browne failed to ensure or to recommend to Miss F at any time that she should obtain independent legal advice.
6. Miss F subsequently instructed her own solicitor in connection with legal proceedings to set aside the transfer of the Property. The proceedings were settled by consent.
7. On investigation Mr Browne explained that he had informed his client Mr G that Miss F should seek independent legal advice. Mr G notified Mr Browne that he had discussed with Miss F obtaining independent legal advice but that she had refused.
8. Mr Browne admitted however that he had not written directly to Miss F advising her or recommending to her that she should seek independent legal advice. He stated that he had relied mistakenly upon the assurance of his client Mr G.
Admissions
9. Mr Browne admits the following:
That by failing to ensure or to recommend that Miss F obtain independent legal advice in connection with the transfer of the Property from joint names into the sole name of his client Mr G he breached Rule 1(a) (independence only) and Rule 1(d) of the Solicitors Practice Rules 1990.
Mitigation
10. Mr Browne has admitted the breaches of the rules and has co-operated fully with the SRA.
11. Mr Browne has a good regulatory history.
Regulatory outcome
12. Mr Browne agrees to be reprimanded.
13. Mr Browne agrees to pay the costs of the investigation including the SRA's legal costs in the total sum of £4036.20 within 28 days of receipt of notification from the SRA.
14. It is agreed and understood by Mr. Browne that this Regulatory Settlement Agreement will be published by the SRA and that it may also be disclosed to any person upon request or otherwise.
15. Mr. Browne agrees that he will not act in any way inconsistent with this Agreement such as, for example, by denying the misconduct set out in this admission.
16. If any terms of this Agreement are not complied with within the time limits stated, or if Mr. Browne act in any way inconsistently with this Agreement, Mr Browne accepts that the matter could be referred back to an Adjudicator for consideration, including referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and on the basis that failure to comply constitutes a breach of Principles 2; 6 and 7 of the SRA Code of Conduct 2011.
17. The date of this agreement is 12 January 2012.
Signed:
David James Browne
Signed:
Carol Westrop
Solicitors Regulation Authority