AUSTIN, Neil

 

Date

21 April 2011

 

Charge

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.

 

Outcome    

The charges were found proved upon Mr Austin's admission.

 

Penalty

The Disciplinary Tribunal reprimanded Mr Austin for his conduct and fined him £500.  Mr Austin was ordered to pay costs to IPS in the sum of £2,500.