In solicitor disciplinary proceedings, a finding of misappropriation does not automatically require striking off the roll. The word 'misappropriation' has a wide ambit of meanings, and the disciplinary response must be calibrated to the seriousness of the particular case. Where a solicitor held an honest belief in authority to use funds, acted without evil intent, the conduct was atypical and isolated, and the money was repaid, the case may be assessed as less serious than the 'ordinary' case of misappropriation. The findings of the Legal Services Division of the ADT, as a specialist tribunal predominantly constituted by senior solicitors, should not be lightly disturbed on appeal.
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