Solicitor without a practicing certificate accepted money for work he was not completing

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A client was deceived by a Solicitor without a practicing certificate, who accepted money to pursue an appeal and then did not complete the work.

Gavin Clarke’s behaviour was described as “fundamentally incompatible’ with continued membership of the profession by the Solicitor’s Disciplinary Tribunal and he has now been struck off.

Mr Clarke had his practicing certificate revoked in January 2022 after he failed to renew it.

Following this, Mr Clarke was contacted by the partner of the convicted client (Person A), he agreed to assist the client in an appeal against his criminal conviction, despite criminal appeal work not being his area of expertise.

Mr Clarke expressed that while criminal appeals were not the area he was an expert in, he had a group of barristers who would assist him with the criminal appeal.

He reassured the couple that he had a barrister named ‘Darren Zelazelason’ of Lincoln House Chambers in Manchester who was handling the matter. In fact, no such person existed.

Between February and April 2022, Person A paid £4,525 into Mr Clarke’s personal bank account.

Mr Clarke said that this payment was mostly council fees.

Mr Clarke updated Person A on his progression on the case, sending her a photograph if a partially completed appeal form which stated he worked at ‘GC Legal’, a firm which did not exist.

Unfortunately, when Person A contacted the court of appeal, they learnt that no application had been received.

Person A requested that Mr Clarke either refund the money, or provide proof of the application to the Court of Appeal. Mr Clarke did neither and was then reported to the Solicitors Regulation Authority (SRA).

Mr Clarke admitted to the following:

• He presented himself as a solicitor when he was not authorised to practice.

• He obtained £4,5,25 from Person A and failed to return it.

• He has held client monies personally rather the in a client account.

The Solicitors Disciplinary Tribunal conduced that the conduct was “fundamentally incompatible with continued membership of the profession” and Mr Clarke was struck off.