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The charges against Mr Austin were:
That between on or about 20 August 2008 and 4 September 2008
Neil Austin then contractually engaged in the provision of
professional services for and on behalf of the firm PS ("the Firm")
failed to conduct himself with integrity in that he communicated
with certain clients of the Firm, the conduct of whose matters was
his, announcing his imminent departure from the Firm and inviting
such clients, impliedly or expressly, to transfer their
instructions to another firm of solicitors, CB:
(a) without having sufficiently advised such clients of the
implications for them, were they so to transfer, of the possibility
of immediate payment of costs to the Firm and/or the right of the
Firm to exercise a lien over their papers pending such payment;
and
(b) in consequence of which such clients were potentially
unable to make an informed choice whether to transfer
WHEREBY disrepute was brought upon the Institute or its Members
and doubt was cast upon Mr Austin's own professional integrity.
The between on or about 20 August and 4 September 2008 the said
Neil Austin failed to conduct himself with integrity in that he
removed from the premises of the said Firm a quantity of files
relating to the instructions of miscellaneous clients of the Firm
without the permission of, or notice to, the Firm WHEREBY disrepute
was brought upon the Institute or its Members and doubt was cast
upon Mr Austin's own professional integrity.
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