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Donkin v The Law Society [2007] EWHC 414 (Admin) (07 March 2007)

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Professional Conduct. A solicitor used monies from his client account to meet the expenses of his practice. Those sums were repaid with interest. The solicitor accepted that he had been remiss in not advising his clients to obtain independent advice and in respect of two in not advising them of what he was doing. Whilst referring to the appropriate test of dishonesty in Twinsectra Ltd v Yardley [2002] UKHL 12 the Law Society had not applied it properly. In addition no account had been taken of the considerable evidence of good character. Whilst not a defence it was relevant to the issue of dishonesty.

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