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The charge against Stephen Rothwell of West
Cheshunt, Hertfordshire was that between 2nd January 2003 and 31st
August 2003, whilst in the course of his employment, Stephen
Rothwell failed to conduct himself and/or the matters of which he
had conduct, in such a manner so as to avoid any action or
situation which may bring disrepute upon the Institute or its
members; to avoid doubt being cast upon his own professional
integrity; and to comply with the Guide to Good Practice for the
Legal Executive Section A(4)
The particulars of the charge were that:
Mr Rothwell received from clients of his then
employing firm sums of money of various amounts on account of
costs, but failed to account for such monies to the firm whereby in
consequence on 1 September 2004 an order was made by the Law
Society under section 43 of the Solicitors Act 1974 (as amended)
that he be not employed or remunerated in the course of the
practice of a solicitor without the permission of the Society.
Having been paid in cash by a client Mr
Rothwell failed to pay or cause to be paid part of the payment into
the firm’s account or otherwise account properly for the entirety
of the client’s said monies.
Mr Rothwell caused or procured the
payment to himself of cheques from clients on account of costs,
which he subsequently paid or caused to be paid into a bank account
in his personal name without accounting to the said firm.
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