David John Barratt

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

David John Barratt, an assistant solicitor, took over conduct of a boundary dispute for Mr and Mrs O in April 2000 and, over nearly three years, made a persistent series of false statements to them - falsely claiming he had instructed counsel, that he had approached and instructed alternative barristers, and arranging and cancelling fictitious site visits - to disguise the fact that he had done no work on the case after June 2001. The Tribunal found the allegations substantiated (they were admitted) including an express finding of dishonesty, which the Respondent accepted. Despite mitigation (work/home pressure, apology, no financial gain, employer support), and a prior 2003 disciplinary finding, the Tribunal struck him off the Roll and ordered costs of £3,316.

Duties found breached:

• Honesty
• Not mislead third parties or opponents
• Handle inadvertently received material

Aggravating factors:

• Persistent lying to clients over a prolonged period (April 2000 to January 2003)
• Course of conduct, not a momentary aberration
• Previous appearance before the Tribunal in February 2003 (fined £2,500 for breach of undertaking)
• Respondent was a danger to clients and the reputation of the profession
• Further concerns/complaints raised by current employer

Mitigating factors:

• Admitted both allegations and accepted dishonesty
• Provided written apology to clients
• No financial gain to the Respondent
• Clients' legal rights not ultimately compromised and matter resolved
• Under pressure at work and at home with two young children
• Strong support and supervision from current employer, high client satisfaction ratings