Stephen Lewis Melzack and Franklin Leighter

• Application 10294-2009
• Hearing 4 March 2010
• Reasons 13 May 2010

The SDT ordered that the first respondent (admitted 1976), and that the second respondent (admitted 1976), both of Parker Thomas, Queens House, 55-56 Lincoln’s Inn Fields, London WC2A 3LN, should each pay a fine of £4,500. The respondents had wrongly raised bills and transferred costs without delivery of bills or written notification of costs, contrary to rule 19(2) of the Solicitors Accounts Rules 1998; they had transferred costs in respect of a client where the monies were held as stakeholder, contrary to rule 22 of the rules; and they had failed to deliver bills within a reasonable time, contrary to rule 14.06 of the 8th edition of the Guide to the Professional Conduct of Solicitors.

The SDT found that to render a bill to a client without any justification was a serious breach of trust and the respondents had behaved recklessly in that respect. In addition, taking a client’s money without the client’s permission was also a serious matter, and on any definition of a ‘reasonable time’, many of the bills had been delivered far too late. The matter was too serious for a reprimand and a fine would be imposed.

The respondents were ordered to pay costs to be assessed if not agreed. An interim payment of £15,000 was to be made within 90 days.