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So the guy's literally bankrupt. He is by statute exempt from enforcement of any liability against him during his bankruptcy moratorium, and released from his debts and liabilities (including contingent liabilities) upon discharge. By definition he doesn't have a penny and any money he does have over and above his necessary living expenses could be taken by the Trustee.

But that's still not good enough for the SRA. Presumably he is to be treated as some sort of indentured servant / slave, for all time, with an indefinite responsibility to store 4,000 files plus the wills and deeds and facing further sanctions unless he does.

But exactly how is the solicitor to undertake this obligation? He could try selling / giving away the files to another firm I guess. But then the SRA would have him for breaching confidentiality, and the recipient could end up being a "successor practice".

He could hire a storage unit, except, he's bankrupt. So he can't.

He could write 5,000 letters to each of the owners of the respective files / deeds / wills (if they can be found). But whose going to pay for that? It'd be at least £3,000 in postage alone.

He could incur credit and / or lie to a supplier. But that's a criminal offence.

Or he could tell the SRA of his difficulties, which he did, and end up with a fine and costs against him.

So being in debt is now officially an offence to be punished by the SRA. Unless, of course, you're a big company with £millions of debt. In which case, oh well. Never mind.

It won't be long until there's an exemption to the Debtor's Act 1869 for (high street) solicitors so they can be thrown in jail in such circumstances.

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