A solicitor has been struck off the roll while his colleague and manager has been ordered to pay a £7,501 fine for making inappropriate transfers of client money.
According to the Solicitors Disciplinary Tribunal ruling, Oliver John Anthony Hanrahan, admitted in 1994, while practising as a solicitor at Fuglers LLP in association with David Berens & Co, caused or allowed the transfer of £129,827.22 belonging to two clients to pay the stamp duty land tax owed by a third client. Hanrahan later received £10,800 into his personal bank account from the third client when he knew, or ought to have known, that he was not entitled to receive it.
Meanwhile, David Anthony Berens, admitted in 1988, while also practicing as a solicitor and manager at Fuglers, caused or allowed the transfer of £129,827.22 of client money without the clients' consent.
When Berens discovered that the money had been used in this way, he failed to notify the clients promptly. Between 2012 and 2017 Berens also failed to manage the firm’s bank accounts in accordance with the Solicitors Accounts Rules 2011.
Both Hanrahan and Berens made full admissions to the allegations before the SDT and an application was made for an agreed outcome.
The tribunal was told that no clients suffered any loss as Beren ‘remediated the position once he was aware of the transfer’ and the fine for the late payment of stamp duty was covered and paid by the firm’s PI policy.
The SDT said: ‘The tribunal was satisfied that Mr Berens’ misconduct fell within the range where a financial penalty was appropriate.
‘In respect of Mr Hanrahan, the tribunal agreed that the only appropriate sanction in this case was that he be struck off the roll. No exceptional circumstances had been advanced and the tribunal identified none from its careful consideration of the material before it.'
Berens was fined £7,501 and ordered to pay £7,5000 in costs. The SDT also imposed restrictions for an indefinite period including that Berens shall not act as a manager or owner of any authorised body or act as a compliance officer for any authorised body, and does not hold, receive or have access to client money.
Hanrahan was struck off the roll and ordered to pay £10,000 costs.
