Vulnerable clients: Solicitor misappropriated money even after deputyship ended

A sole practitioner who misappropriated over £170,000 from four vulnerable clients in her role as court-appointed deputy has been struck off by the Solicitors Disciplinary Tribunal (SDT).

The SDT heard that Susan Louise Lowe admitted all the allegations against her, apart from dishonesty.

Instead, her counsel argued that she “got into a muddle” and “acted throughout in the best interests of her clients”.

However, the tribunal found that in the case of two clients who died, Ms Lowe knew from the date of their death that she was no longer a deputy and had no authority to make loans or take costs.

“The respondent was very familiar with the relevant rules which applied in a field of law in which she was experienced and indeed, in which she appeared to be an expert.”

In the case of a third client, the SDT said Ms Lowe had taken payment on 16 occasions over a two-year period of costs amounting to over £26,500 when a deputyship order had ended and she “knew she was not the deputy”. Further, she did not raise any bills of costs or provide written notifications.

The tribunal said that, in this case, Ms Lowe had “not only made an improper transfer, which had been done dishonestly”, but she had made a false statement to the Solicitors Regulation Authority (SRA) and “created a false memorandum which gave an untrue explanation for the transfer”.

The tribunal said that in July 2017, at a point where she was legally represented, Ms Lowe had admitted dishonesty, an admission she later withdrew, claiming she had been “broken” by the disciplinary process” and very depressed at the time.

The tribunal noted that at the time of the misconduct, “there was no evidence” about Ms Lowe’s mental health, although there was a doctor’s letter linking “a number of difficulties” Ms Lowe was experiencing in the summer of 2017 to an underlying medical condition.

Ms Lowe was born in 1965, admitted as a solicitor in 1998, and worked as a sole practitioner from June 2006 at Lowe & Co. The firm was based in Marston Mortaine, Bedfordshire until October 2016, and then in Newport Pagnell.

Ms Lowe specialised in private client work relating to the Mental Capacity Act 2005 and acting as a deputy appointed by the Court of Protection.

An inspection of the firm’s books by an investigator from the SRA in October 2016 found a shortage of over £60,000 on client account as a result of improper transfers between deputyship accounts and office account.

Ms Lowe also admitted taking payment of management costs in relationship to her appointment as a deputy amounting to over £222,000, without getting them assessed by the Senior Court Costs Office.

Rejecting her arguments that she had not acted dishonestly, the SDT said that in the case of one client, Ms Lowe began to take costs and make loans shortly after her death even though she knew the identities of the beneficiaries and that she was not entitled to take these steps.

The loans were repaid when the client’s property was sold, but the tribunal said this did not mean the original action was honest.

It went on: “The respondent knew that she was in a fiduciary position, acting for a vulnerable client and thereafter was required to protect the assets of the estate, pending its administration and distribution”.

Ms Lowe was struck off and ordered to pay £15,400 in costs.


    Readers Comments

  • Myriam Cabeza de Vaca says:

    My husband has been under the “protection” of the OPG since 2003. Ms Lowe was his Deputy since 2006 until the SRA closed her offices on 9 Feb. 2017.
    On 28 April 2015 my solicitor sent a formal complaint to the Office of the Public Guardian with further requests for a proper investigation of Ms Lowe’s malpractice in December 2015 and January 2016. The OPG rejected to investigate her. We received responses, all negative, from three different women. Obviously none of them took the time to read our formal complaint and understand the case.
    On 5-6 December 2017, Ms Lowe was Struck Off the Roll by the Solicitors Disciplinary Tribunal.

    Who does the so-called Court of Protection protect? its clients or its network of corrupted deputies?

  • David Ireland-Smith says:

    My mother also lost thousands due to Susan Lowe but I have found the SRA extremely unhelpful. I asked another firm to complain to them but they have missed deadlines and I believe they have been warned-off the case. Any suggestions?

  • kay woods says:

    My aunt had a solicitor deputy, On her death we found out that high risk offshore investments which are now insolvent, had been taken out by them, Losses of at least £55000. no help whatsoever from SRA or Cop.


Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Reports

No larger firm can ignore the demands of innovation – that was the clear message from our most recent roundtable: “The law firm of the future”, sponsored by LexisNexis Enterprise Solutions. It comes in many forms, predominantly but not just technology, and is not simply a case of automating process. Expertise and process are not mutually exclusive.

Blog

8 August 2018
Stewart Brymer

PEXA: Australia’s lesson in e-conveyancing

PEXA, or Property Exchange Australia, is a national platform designed to vastly improve the experience of transacting property in Australia. In essence, it is enabling the transition from paper to digital.

Read More