A solicitor from Surrey faced disciplinary action for using a client account as a personal banking facility.
- Richard Harbord did not admit to damaging public trust, despite acting without integrity by not cooperating with the Solicitors Regulation Authority (SRA).
- Payments totalling over £386,000 were made to him or at his direction from 2017 to 2020, with loans also given to the firms involved.
- The Solicitors Disciplinary Tribunal (SDT) noted that his actions breached account rules, although they did not pose a risk of money laundering.
- Mr Harbord was fined £8,500, highlighting ongoing regulatory issues despite his recent cooperation with the SRA.
Richard Harbord, a Surrey-based solicitor, was reprimanded by the Solicitors Disciplinary Tribunal (SDT) for using his firm’s client account for personal banking purposes. Though he did not admit to damaging public confidence, he was found to have acted without integrity by repeatedly failing to cooperate with the Solicitors Regulation Authority (SRA).
From 2017 to 2020, Mr Harbord directed multiple payments to himself or used the account for personal payments amounting to £386,641. Additionally, loans totalling £315,970 were made to the two associated firms, namely Harbord & Co and McGlinchey & Co.
The tribunal categorised this as a ‘technical breach’, acknowledging that the primary purpose of the rules is to prevent money laundering, which was not a risk in this case. However, Mr Harbord admitted his negligence in understanding the contravention of the account rules, claiming he consulted only with his firm’s accountant and partner.
Further complicating his professional history, Mr Harbord had longstanding regulatory issues including a past reprimand for cocaine possession in 2003 and warnings from the SRA in 2012 over accounts rules violations. Despite mitigating circumstances highlighted by Mr Harbord regarding health issues affecting his work capability, his financial oversight led to bankruptcy and conditions placed on his practising certificate.
The SDT recognised Mr Harbord’s recent efforts to comply and cooperate with regulatory demands, noting his insight into his past misconduct. Despite improving health and changes in professional circumstances, including closing the implicated firms and new employment prospects, the tribunal imposed a fine of £8,500 and outlined the necessity for Mr Harbord to cover £40,000 in associated costs.
Mr Harbord’s case underscores the importance of adherence to professional standards, even amid personal challenges.
