Irwin Mitchell - Wills | Probate Dept- Irwin Mitchell Investigation 2013 (SRA -Solicitors Regulation Authority) - 51 Transactions

You are viewing Agreement - 30 April 2013
Irwin Mitchell Solicitors / Paul Hirst (former Head of Wills & Probate at Irwin Mitchell Solicitors, Sheffield) Investigation by Solicitors Regulation Authority 2013.

Click here to view the SRA Regulatory Settlement re Irwin Mitchell Solicitors, Sheffield and Paul Hirst (ex Partner and former Head of Wills & Probate at Irwin Mitchell Solicitors, Sheffield) or view the information below which has been extracted from the Solicitors Regulation Authority Website.

Decision - agreement

Outcome: Regulatory settlement agreement
Outcome date: 30 April 2013
Published date: 21 May 2013

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Irwin Mitchell
Address(es): 
Riverside East, 2 Millsands, Sheffield South Yorkshire S3 8NH
Firm ID: 051747

Outcome details

This outcome was reached by agreement.

Reasons/basis

Firm ref: Irwin Mitchell
Sol ref: Paul Stephen Hirst
Our ref: TRI/1022699-2011

REGULATORY SETTLEMENT AGREEMENT

1. Mr Paul Stephen Hirst of Rotherham, South Yorkshire, agrees to the following outcome of the investigation into his professional conduct under reference TRI/1022699-2011.

Background

2. On 15 May 2006 the Solicitors Regulation Authority (“SRA”) started an inspection into Irwin Mitchell (“The Firm”), and produced a Report dated 17 September 2010 (“The Report”). At all material times Mr Hirst was a partner in the firm.
3. The Report identified 51 transactions between 2001 and 2006 when funds were transferred from client to office bank account in respect of the firm’s fees in the aggregate sum of £23,647.07, without prior written notice to the clients. Of these, Mr Hirst accepted responsibility for a total of eight matters, in respect of which costs totalled £6,646.09.
4.The Report identified the Rule breaches by Mr Hirst as set out below.

Admissions

5. As a partner in the firm, Mr Hirst admits that, by reason of Rule 6 of the Solicitors Accounts Rules (“SAR”) he is jointly responsible for the firm’s breaches of the SAR. Mr Hirst, therefore, admits the following:

• 5.1 The firm invoiced for costs and used money in the firm(s) client account to pay those invoices when;
• 5.1.1 the firm had not told its client’s that it was raising invoices,
• 5.1.2 in four of the eight cases (totalling £5,652.14) there was not a proper reason for raising the invoices, in breach of SAR 19(2) and 22(1).

Mitigation

6. Mr Hirst put forward the following mitigation.

• 6.1 At the time he took the decisions to raise bills he genuinely believed that the amounts held in client account would be due to the firm for costs.
• 6.2 He acknowledges that he may not have been as careful or thorough in his investigations as he should have been in relation to whom the money belonged, but maintains that he had a genuine belief the money was due to the firm.
• 6.3 Mr Hirst accepts that in four cases as indicated above his understanding at the time was incorrect, and that he should have made greater enquiry as to whom the money belonged.
• 7. The firm has rectified the breaches and repaid client monies incorrectly taken as costs.

Regulatory Outcome

8. In relation to the admissions in paragraph 5 above, Mr Hirst is reprimanded.
9. Mr Hirst agrees to pay a contribution to the cost of the SRA in the sum of £1,350.00.
10. This Regulatory Settlement Agreement will be published by the SRA and may be disclosed by the SRA as it sees fit.
11. Mr Hirst agrees that he will not act in anyway inconsistent with this agreement, such as, for example by denying the misconduct set out in his admission.
12. If Mr Hirst acts in any way inconsistent with this agreement, all issues may be referred for consideration or referral of his conduct to the Solicitors Disciplinary Tribunal (or SRA internal decision) on the original facts and allegations and also on the basis that such failure to comply with this agreement may constitute a breach of Principles 2, 3 and 6 of the SRA Code of Conduct 2011.
13. The date of this agreement is 30th day of April 2013
Paul Stephen Hirst
Carol Westrop Head of Legal Policy SRA

Help and more information

• What does "Regulatory settlement agreement" mean?
• To check whether a decision remains in force, contact us.
• Search the Law Society directory for solicitors named Paul Stephen Hirst .