Davenport Lyons the originator of the odious “Speculative Invoicing” scheme, have been found guilty by the Solicitors Disciplinary Tribunal (SDT) of breaching SIX rules of the Solicitors Code of Conduct.
They were referred to the SDT by the Solicitors Regulation Authority, after a complaint by Which? and protests from many many innocent people who had received letters. , after a campaing of “Bullying” against Members of the general public.
The SDT met for a week and has now found that the SIX allegations against the two members of Davenport Lyons are proven and upheld. Brian Miller has since left the Law firm but Dave Gore is a Partner.
The SIX allegations of breaching the Solicitors Code of Conduct, now proven are as follows:
(1) Breach of rule 1.03 of the Solicitors Code of Conduct 2007: respondents allowed their independence to be compromised.
(2) Breach of rule 1.04: respondents did not act in the best interests of their clients.
(3) Breach of rule 1.06: respondents acted in a way that was likely to diminish the trust the public place in them or in the legal profession.
(4) Breach of rule 2.04(1): respondents entered into arrangements to receive contingency fees for work done in prosecuting or defending contentious proceedings before the courts of England and Wales except as permitted by statute or the common law.
(5) Breach of rule 3.01: respondents acted where there was a conflict of interest in circumstances not permitted under the rules, in particular because there was a conflict or significant risk that the respondents and/or their firm’s interests were in conflict with those of their clients.
(6) Breach of rule 10.01: respondents used their position as solicitors to take or attempt to take unfair advantage of other persons, being recipients of letters of claim either for their own benefit or for the benefit of their clients.
It remains to be seen what sanctions will be imposed on the two.
The Firm that took up the “Speculative Invoicing” baton ACS:LAW and their Principal Andrew Crossley has also been referred to the SDT and will appear this October. Andrew Crossley has already slammed Davenport Lyons for being “rubbish” and “Arrogant” in the way they conducted their business.
The SRA said it “welcomes the decision of the SDT in this case brought for the protection of consumers”.
Updates will follow…..