Tinkler, Richard John - 144351

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 Mr Tinkler:-

1. Failed to comply with the Solicitors Accounts Rules 1998 (SAR)
2. Failed to keep accounts records properly written up
3. Maintained a client account shortfall
4. Permitted withdrawals from client account other than in accordance with SAR
5. Failed to remedy breaches of SAR promptly upon discovery, contrary to SAR
6. Made improper inter-ledger transfers between unrelated clients, contrary to SAR
7. Misled clients as to the nature of their partnership, contrary to Solicitors Practice Rules 1990 (SPR) and Solicitors Code of Conduct (SCC).
8. Permitted unadmitted persons to influence and/or control their practice, contrary to SCC
9. Failed to adequately supervise client matters, contrary to SPR and SCC
10. Failed to act in clients' best interests

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

Mr Tinkler is subject to Regulation 3.1(a)(i); (g) and (n) of the SRA Practising Regulations 2009.

Accordingly, the SRA is required to consider whether it is proportionate, reasonable and necessary in the public interest to impose any conditions on Mr Tinkler’s practising certificate for the practice year 2010/2011, for any of the purposes set out in Regulation 6.1 of the SRA Practising Regulations 2009.

The Adjudicator has noted that in considering Mr Tinkler's application for renewal of recognition as a sole practitioner under the style of Tinkler Solicitors and his practising certificate application for 2009/2010, the Adjudicator imposed the condition that he delivers half-yearly accountant’s reports, such reports and any cease to hold accountant’s report required, to be delivered within 2 months of the end of the period to which it relates, in order to facilitate the closer monitoring by the SRA of Mr Tinkler’s compliance with the Solicitors’ Accounts Rules 1998. At the stage of the imposition of the above condition, Mr Tinkler’s conduct arising out of the issues identified within the Forensic Investigations Report into his former firm of Wisemove Solicitors dated 26 August 2008, had been referred to the Solicitors Disciplinary Tribunal, but had not at that time, been considered.

The Adjudicator noted that in December 2010 Mr Tinkler was found by the SDT to be responsible for a number of serious breaches of the Solicitors Accounts Rules arising out of his partnership with Mr Kemp. The Adjudicator has taken into account that these breaches do not relate to Tinkler Solicitors which was operating at the same time.

In light of the recent findings, in considering Mr Tinkler's application for a practising certificate for 2010/2011, the Adjudicator was satisfied that it remains proportionate, reasonable and necessary in the public interest for the condition currently attached to his 2009/2010 practising certificate, to continue for the practice year 2010/2011, for the purposes of Regulation 6.1(e) of the SRA Practising Regulations 2009.

The Adjudicator was satisfied, in line with the SRA's publication policy, that it is in the public interest to publish this decision.