Michael Thompson

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

The Law Society alleged professional misconduct against solicitor Michael Thompson for unduly delaying and failing to fully implement a mandate to transfer a client's file to a new solicitor (Mr Canning) for an urgent personal injury appeal. The facts were largely agreed by joint minute, including that fifteen items were not forwarded. The Tribunal applied the Sharp test and found that providing 90% of the file within 3-4 working days, and attempting to send the complete file by disc within about six weeks (which was incomplete due to administrative error of which the Respondent was unaware), did not amount to a serious and reprehensible departure from professional standards. No dishonesty was found. The Respondent was found not guilty of professional misconduct, but the Tribunal considered he may be guilty of unsatisfactory professional conduct and remitted the case to the Law Society under Section 53ZA. No expenses were awarded and publicity including the Respondent's name was ordered.

Mitigating factors:

• Provided approximately 90% of the file within 3-4 working days of the mandate
• Believed he had sent the complete file by disc within around six weeks
• Incomplete file resulted from administrative error rather than deliberate withholding
• Disc 'bounced' between two similarly named firms without his knowledge
• No prejudice to the client as the appeal was lodged without the missing material
• Respondent was contrite and accepted responsibility for the error
• Firm's mandate handling systems have since changed