09 December 2004
The charge against Paul Massey of Hampshire was that he conducted himself in such a manner likely to bring disrepute upon the Institute of Legal Executives.
The particulars were:
That on 23 March 2004 the Solicitors' Disciplinary Tribunal, constituted under the Solicitors' Act 1974, ordered that as from 23 March 2004, no solicitor shall, except in accordance with permission in writing granted by the Law Society, for such a period and subject to such conditions as the Society may think fit to specify in the permission, employ or remunerate in connection with the practice as a solicitor, Paul John Massey of Chandlers Ford, Eastleigh, Southampton, a person who is or was a clerk to a solicitor. The Tribunal having found that Mr Massey:
Whilst employed or engaged by a solicitor did acts which compromised or impaired or were likely to compromise or impair: (a) the solicitor's independence or integrity; (b) a person's freedom to instruct a solicitor of his or her choice; (c) the duty of the solicitor to act in the best interests of the client; (d) the good repute of the solicitors' profession contrary to Rule 1 of the Solicitors Practice Rules 1990.
Shared fees with a solicitor contrary to Rule 7 of the Solicitors Practice Rules 1990.
Was a party to the arrangement for the introduction of clients to a solicitor's practice whose claims arose as a result of personal injury and who in the course of his business solicited or received contingency fees in respect of such claims contrary to Rule 9 of the Solicitors Practice Rules 1990.
Enforced a contingency agreement against a client of a solicitor's practice and thereby acted where his interest conflicted with the interests of the client and himself or the solicitor's practice.
The charge was found proved.
Mr Massey was excluded from membership and ordered to pay costs to ILEX.