Tribunal fines solicitor £5k and imposes restrictions after client account breaches
Christopher Attwood Messenger, a solicitor admitted to the roll in 1974, has been fined and barred from key roles in legal practice after the Solicitors Disciplinary Tribunal (SDT) found multiple failures in his management of client accounts.
Messenger, formerly the sole principal of Messenger & Co, admitted a series of breaches spanning several years. The tribunal accepted his failings were careless rather than deliberate, but judged them serious enough to warrant a financial penalty and long-term restrictions on his practice.
Between 31 December 2015 and 9 May 2017, a shortfall of £5,063.95 existed in the firm’s client account. Though modest in size, the deficit represented a breach of the rules designed to ensure complete protection of client money. Messenger admitted responsibility for the shortfall.
Embed from Getty ImagesThe SDT also found that between 12 May 2015 and 18 May 2017, Messenger allowed the firm’s client account to be used as a banking facility for a company, contrary to the Solicitors Accounts Rules. Such practices are explicitly banned because they bypass regulatory safeguards and expose the profession to the risk of money laundering.
From April 2015 onwards, Messenger failed to carry out regular reconciliations of the client account, a core safeguard intended to spot discrepancies quickly and maintain transparency. The tribunal highlighted this as a prolonged breach.
Further failings related to unreturned funds. By 18 July 2018, Messenger had left residual balances of £19,921.29 spread across 38 client matter ledgers. Clients were not updated annually, as required, that the firm still held their money. This failure, though not resulting in proven loss, left clients uninformed and their funds inactive for long periods.
The SDT reviewed all evidence and accepted Messenger’s admissions. It determined that his misconduct was not deliberate, but reflected a lack of care and poor financial management. The tribunal noted his full cooperation with the Solicitors Regulation Authority (SRA) investigation and his willingness to accept responsibility.
Assessing the seriousness of the breaches, the panel categorised them as “moderately serious”. While dishonesty or intentional misuse was not alleged, the risk posed to client money and the damage to public confidence required sanction beyond a reprimand.
Messenger was fined £5,000, payable to the Crown, and ordered to pay £7,500 in costs. The tribunal also imposed restrictions preventing him from acting as a sole practitioner, sole manager, or sole owner of an authorised body. He is also prohibited from serving as a partner in a Limited Liability Partnership (LLP), Legal Disciplinary Practice (LDP) or Alternative Business Structure (ABS), or from holding compliance roles such as COLP or COFA.
The tribunal said these conditions were necessary to protect the public from further harm and to uphold confidence in solicitors. While Messenger’s long service and his cooperation counted in mitigation, the panel stressed that experience does not excuse basic lapses in client account management.
The decision, dated 30 March 2022, concluded the proceedings but stood as a warning: failures in financial compliance, even absent dishonesty, can end careers and tarnish reputations.