16 June 2005
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.
The charge was found proved.
Sanction – Indefinite exclusion
The Tribunal decided that Stephen Rothwell should be excluded from membership of ILEX.