Beresfords solicitors struck off
11 December 2008
The Solicitors Disciplinary Tribunal has ordered James Rhodes Beresford and Douglas Harold Smith of Beresfords Solicitors, of Doncaster, to be struck off and to pay all costs.
The hearing, which concluded this afternoon, arose from the firm’s handling of compensation claims by sick miners. The Solicitors Regulation Authority made eleven allegations. They are listed below, indicating those the Tribunal found to have been proven:
- 1. That they (Beresford and Smith) acted and/or continue to act in circumstances of conflict and/or significant risk of conflict of interest between: the interest of their clients and their own interests; and/or the interests of their clients and the interests of the Union of Democratic Mineworkers ("UDM") / Vendside Limited ("Vendside") / Walker & Co. contrary to Rules 1(a), (c), (d) and (e) of the Solicitors Practice Rules ("SPR"). PROVEN.
- 2. That they failed to act in the best interests of the clients in that they failed to give any or any adequate advice to clients on "agreements" the clients had purportedly entered into with UDM/Vendside, contrary to Rules 1(a), (c), (d) and (e) of the SPR. PROVEN.
- 3. That they entered into conditional fee agreements and contingency fee agreements with clients in circumstances that were not in the best interests of scheme clients and/or improper, contrary to Rules 1 (a), (c), (d) and (e) and Rule 8 of the SPR. PROVEN.
- 4. That contrary to Rule 3 of the SPR they accepted instructions and referrals of business from other persons in breach of, and otherwise than in compliance with, the Solicitors Introduction & Referral Code 1990 ("the Referral Code"). PROVEN.
- 5. That they entered into arrangements with officers of the UDM/Vendside and Clare Walker of both UDM/Vendside and Walker & Co that were a sham and intended to disguise their breaches of rule 3 of the SPR and/or were inherently improper or carried such dubious or improper features that they should have declined to enter into the arrangements, contrary to Rules 1(a) and (d) of the SPR. PARTIALLY PROVEN.
- 6. That contrary to Rule 9 of the SPR they entered into arrangements for the introduction of clients or acted in association with persons (not being solicitors) whose business or any part of whose business was to make, support or prosecute (whether by action or otherwise) claims arising as a result of death or personal injury and who in the course of such business solicit or receive contingency fees in respect of such claims. PROVEN.
- 7. That they failed to give sufficient information to clients about costs and/or the funding of claims generally, contrary to Rule 1 (a), (c), (d) and (e) and/or Rule 15 of the SPR and the Solicitor’s Cost Information and Client Care Code ("the Client Care Code"). PROVEN.
- 8. That the Respondents shared their professional fees with a non-solicitor, namely Walker & Co, contrary to Rule 7 of the SPR. PROVEN.
- 9. That the Respondents wrote a letter to a Parliamentary Under Secretary of State that was not frank or open and/or served to mislead, contrary to Rule 1(a) and (d) of the SPR.
- 10. That the Respondents improperly released confidential information about clients to a third party, contrary to Rules 1(a), (c), (d) and (e) of the SPR. PROVEN.
- 11. That they acted or continued to act in circumstances of conflict or significant risk of conflict between the interests of clients and their own interests, contrary to Rule 1(a), (c), (d) and (e) of the SPR.
Antony Townsend, chief executive of the Solicitors Regulation Authority, said: "The public are entitled to rely upon their solicitor to act in their best interests. Solicitors who compromise their clients' interests will face prosecution by the SRA."
Notes
The Solicitors Disciplinary Tribunal is independent of the Solicitors Regulation Authority and the Law Society. The Solicitors Regulation Authority prosecutes most of the cases heard by the Tribunal. The Tribunal will publish a summary of the case at a later date.
For further information, please contact the SRA press office on 01926 487154.