Solicitor fined £7K for breaching professional code
A solicitor who failed to tell clients they were entitled to legal aid whilst pocketing their money, has been fined £7,000 and ordered to pay £3,161 costs.
Russell Eaton, aged 53, was working for Davis and Co, of Leicester, when he charged privately for work which could have been publicly funded.
The Solicitors Regulatory Authority heard how a motorist appeared at Northampton Magistrates' Court in May 2007 and was banned for three years.
Stephen Battersby said: "She approached Mr Eaton to seek his advice on having her ban lifted. But thereafter she heard nothing at all from him.
"Mr Eaton was very frank when he was interviewed by the police and agreed he had been instructed by her privately, although he was working for Tony Davis. He admitted he had let her down."
In 2008, he handled a rape case where the defendant would have been entitled to legal aid. Mr Battersby said: "He should have provided the defendant with full and clear information about the costs. He failed to do this and gave private advice.
"On each occasion they paid him 20. Whether he should have accepted payment like this from a client who was entitled to legal aid is open to question. He ought to have written to the defendant and explained he was entitled to legal aid.
"The defendant clearly thought he would have to fund the case himself. His wife sold her business to allow that to happen. Had he received proper information that would not have been necessary."
Eaton told the hearing: "I accept I have acted in a way which has let people down."
Chairman David Glass said: "The tribunal considers his conduct took advantage of clients in a vulnerable state and not in a position to make judgements about funding.
"Their funds were being depleted in circumstances which were entirely inappropriate. It seems to us he is a competent and respected advocate which makes it more extraordinary he behaved as he did."
Eaton, of Rectory Farm, admitted six breaches of the professional code.
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Thursday 09 September 2010
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