Solicitor is barred

Christopher Gauvain, 62, improperly moved the money between accounts to help cover the costs of other expenses incurred by legal work.

The Solicitors' Disciplinary Tribunal heard the misconduct occurred when Gauvain was working as a partner at Dawson Hart, in Church Street, Uckfield.

The firm reported the solicitor to the Law Society in early 2000 after they discovered the financial wrongdoing involving 40,614.75. The practice then paid back the cash to avoid clients losing money from the improper transfers.

The tribunal heard Gauvain retired from the firm in January 2000 after suffering bad health. Geoffrey Williams, for the Office for the Supervision of Solicitors, said that Gauvain became ill in October 1999 and fell into a diabetic coma.

He ended up on a life support machine and his condition got worse after he caught pneumonia. Mr Williams said: 'He was at death's door but he seems to have recovered from that.'

He added: 'The firm do not call his integrity into question. But sadly I do call his probity into question in this case.'

Mr Williams said the majority of the misconduct had happened before Gauvain's health deteriorated. He added: 'It is a very serious case. There are substantial sums that had to be paid back by the partners to prevent any loss to clients which otherwise clearly would have been the case. I do allege dishonesty.'

The tribunal heard in one case Gauvain used 30,000 from the estate of a dead client to cover costs incurred by another client of the firm. Another estate had 2,000 withdrawn by Gauvain to meet a payment to an unconnected customer.

Mr Williams said: 'These were a wide scale use of clients funds for improper purposes.'

The hearing was told Gauvain has not responded to explain his actions.

Gauvain, of Jacks Plat, Duddleswell, and also of Victoria Street, Alderney, Channel Islands, did not attend and was not represented at the hearing.

No criticism was made of the firm where probate specialist Gauvain had been a partner for 30 years.

After a brief deliberation the tribunal found Gauvain guilty of making improper payments out of client accounts and making improper transfers. They then ordered his expulsion from the profession.

Chairman Miss Teresa Cullen said: 'We do have grave concerns about the history of this matter and find there has been conscious impropriety.'

Gauvain was also ordered to pay costs of 5,128.78.