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The charges brought against Mr Wakefield were:
1. Charge 1: Mr Wakefield failed to
conduct himself in such a manner as to avoid disrepute being
brought upon the Institute or its members contrary to Paragraph 1
of the Code of Conduct of the Institute of Legal Executives.
The particulars to this charge were that on 7
February 2008 Jeffrey Wakefield, then practising on his own account
under the style ‘Wills Probate and Trusts’ from Weybridge, Surrey,
having attended upon E1 and E2 with the intention of accepting from
them joint instructions for the administration of a deceased’s
estate, failed to agree with such clients the next steps to be
taken and/or to agree at the outset the level of service, the
clients’ responsibilities or to ensure that the clients were given
in writing the name and status of the person dealing with the
matter and responsible for its overall supervision, in breach of
Rule 2.02 Solicitors Code of Conduct 2007.
2. Charge 2: Mr Wakefield failed to
conduct himself in such a manner as to avoid disrepute being
brought upon the Institute or its members contrary to
Paragraph 1 of the Code of Conduct of the Institute of Legal
Executives
The particulars to this charge were that on 7
February 2008 or at such later date when commencing to act for E1
and E2 Jeffrey Wakefield failed to give such clients at the outset
and/or failed to confirm in writing within a reasonable time the
best possible information about the overall cost of the matter and
in particular (i) failed to give the clients jointly the basis and
terms of his charges for the administration of the estate and (ii)
failed to give the clients any information as to the cost of
storage of the deceased’s personal items, in breach of Rule 2.03
Solicitors Code of Conduct 2007.
3. Charge 3: Mr Wakefield failed to
conduct himself in such a manner as to avoid disrepute being
brought upon the Institute or its members contrary to Paragraph 1
of the Code of Conduct of the Institute of Legal Executives.
The particulars to this charge were that
Jeffrey Wakefield, having been placed on notice, by Solicitors
acting for the Executors and by Solicitors acting for other parties
interested in the estate, of a dispute as to the validity of a Will
prepared by him failed to provide all proper assistance and
cooperation in response to the reasonable enquiries of such
solicitors including: (i) the timely provision of any file notes of
attendances, or other file papers relating to the preparation
and/or execution of the said Will, or of earlier Wills, or copies
thereof; (ii) the timely provision of a full copy of any and all
such Wills of D deceased; and (iii) the timely provision of all
proper information within his knowledge touching and effecting the
preparation of the said disputed Will of 2007 including, but not
limited to, any contemporary attendance note of his
instructions.
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