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Fallon, Paul Francis - 131257

Decisions

To view a decision against this individual, click one of the decisions below.

Decision - closure

Outcome: Intervention (Help for clients)

Outcome date: 17 October 2012

Published date: 22 October 2012

Firm details

Firm or organisation at date of publication and at time of matters giving rise to outcome

Name: City Law Financial LLP

Address(es):
1 Kings Arm Yard, London, EC2R 7AF

Firm ID: 509651

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

The Committee is satisfied that grounds for intervention exist under Paragraph 1 (1) (c) of Part I of the Solicitors Act 1974 (as amended) because Mr Paul Francis Fallon has failed to comply with the SRA Code of Conduct 2011 including, but not limited to, Outcomes 7.2, 7.3, 7.4, 10.1, 10.2, 10.3, 10.6, 10.8 and 10.9 of the Code.

The Committee is satisfied that grounds for intervention exist under Paragraph 1 (1) (m) of Part I of the Solicitors Act 1974 (as amended) because it is necessary to exercise the powers conferred by Part II of this Schedule (or any of them) in relation to Mr Paul Francis Fallon to protect the interests of clients (or former or potential clients) of Mr Fallon or his firm or the beneficiaries of any trust which Mr Fallon is or was a trustee.  

Intervening agents

James Dunn of Devonshires, 30 Finsbury Circus, London, EC2M 7DT has been appointed as the intervening agent. For enquiries please call or email James.Dunn@devonshires.co.uk.

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Decision - prosecution

Outcome: Referral to Solicitors Disciplinary Tribunal

Outcome date: 19 February 2013

Published date: 11 March 2014

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: City Law Financial LLP

Address(es):
1 Kings Arms Yard, London EC2R 7AF

Firm ID: 509651

Outcome details

This outcome was reached by SRA decision.

Reasons/basis

This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that he:

1. Failed to pay to Counsel, promptly or at all, sums received from clients in whole or in part for the express or specific purpose of settling Fee Notes raised by Counsel in respect of work done for the relevant clients;

2. Transferred client monies, including monies received from clients for the express or specific purpose of settling Counsel's Fees, from the Firms' Client Account to the Firm's Office Account and the Firm's Office Business Reserve Account;

3. Used clients monies, including monies received from clients for the express or specific purpose of settling Counsel's Fees, for his own purpose and/or those of the Firm;

4. Made false statements to clients as to the settlement of Counsel's Fees on their behalf;

5. Misappropriated sums due to the Firm in that he gave instructions, or caused instructions to be given, to the City of London to redirect sums payable to the Firm to a Bank Account other than one controlled by the Firm, and thereafter used part of these monies belonging to the Firm for his own purposes;

6. Exercised or purported to exercise rights of audience by appearing on behalf of clients before proceedings in the High Court of Justice when he was not qualified or entitled to do so;

7. In relation to an adverse Costs Order made against a client by the High Court of Justice on 28th May 2012, he:

  • i. Failed to notify the client in writing or otherwise within 7 days of receiving notice of the Order, or at any time thereafter.
  • ii. On or about 1 June 2012, made false statements to the client as to the existence of the adverse Costs Order;

8. On or about 29 May 2012 and thereafter, he failed to account to a client for, and used for his own purposes and/or those of the Firm, a duplicate payment which was made to the Firm by the client in error, despite indicating to the client that the sum would be repaid;

9. Between around 16 August 2012 and 23 October 2012, he practised as a Solicitor without a valid Practising Certificate;

10. From around April 2012 to 19 October 2012, he failed to make adequate arrangements for the financial stability and proper management of the Firm including, in particular:

  • i. Not appointing a new member of the Firm or making an application for recognition as a Sole Practitioner following a members' departure from the Firm on or abount 9 February 2012;
  • ii. not making proper arrangements for the management of client files following the forfeiture of the Lease at the Firm's Offices at 1 Kings Arms Yard, London ECR2 7AF.

The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.

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