Michael Edward French

• Application 10160-2008
• Admitted 1974
• Hearing 22 April 2010
• Reasons 26 May 2010

The SDT ordered that the respondent, of Michael French & Booth Hearn, 50-52, High Street, Chatham, Kent ME4 4DZ, should pay a fine of £8,000.

The respondent had delayed in complying with an undertaking given by his firm on 30 January 2008 to Hughes-Narborough & Thomas, in breach of rule 10.05(1) of the Solicitors Code of Conduct 2007; he had failed to comply with an adjudicator’s decision made on 26 March 2008 in respect of inadequate professional service in relation to the estate of the late Mr H; he had failed to deal with the Solicitors Regulation Authority and the Legal Complaints Service in an open, prompt and cooperative way, in breach of rule 20.03 of the code; he had failed to act in the best interests of his clients by failing to deal with the administration of the estate, in breach of rule 1.04 of the code; and he had failed to comply with an adjudicator’s decision made on 12 March 2009 in relation to the estate of the late Mrs C. The SDT was extremely concerned by the respondent’s failure to engage both with the LCS and with the SRA. The SDT stressed that it was vital, both for the protection of the public and in order to maintain the reputation of the profession, that solicitors comply with their undertakings in a timely manner, that they engage in an open, prompt and cooperative way with the LCS and the SRA and that they comply promptly with any decisions made by an adjudicator. Although the allegations proved against and admitted by the respondent were serious, the SDT had taken into account his health and his personal problems, and his efforts to consolidate his practice and move forward.

In the particular circumstances, the SDT considered that the respondent should be fined £8,000. However, it warned the respondent that, should he appear again before it on similar charges, it was likely that it would be less sympathetic. The respondent was ordered to pay costs of £4,161.