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Robert Ian Cartmell

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12080/2020
Date01/01/2020
OutcomeStrike off

Allegation / charges

Breaches, Failures

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

SanctionStrike Off
CostsGBP 17,500
Dishonesty foundYes

The Respondent, a managing director solicitor specialising in Wills and Trusts, admitted asking staff to witness clients' signatures on Wills, Trust deeds and LPAs when they had not been present at signing, over 33 occasions across two years (Allegation 1.1). He denied dishonesty but the Tribunal found, applying Ivey, that knowingly creating misleading documents would be considered dishonest by ordinary decent people. The Tribunal also found a conflict of interest where he acted for clients while a trustee, aligning with clients against the trust beneficiary (Allegation 1.2, Principles 3 and 6). Allegation 1.3 (materially untrue Statement of Fact) and Allegation 1.4 (delay in registering Notices of Severance) were found not proved. Given the dishonesty finding and the seriousness, the Tribunal found no exceptional circumstances and ordered the Respondent be struck off the Roll, with costs of £17,500. The Respondent's appeal to the High Court was dismissed by consent.

Duties found breached:

Aggravating factors:

  • Dishonesty
  • Misconduct was planned, deliberate, calculated and repeated on more than 30 occasions over a period in excess of two years
  • Respondent was an experienced solicitor with direct control over circumstances
  • Involved junior staff in wrongly signing documents, potentially jeopardising their career prospects
  • Harm to the reputation of the profession

Mitigating factors:

  • Previously unblemished career
  • Some insight demonstrated in mitigation
  • Co-operated with the SRA and made some admissions
  • Positive character references
  • No personal gain from his actions
  • No actual loss caused to clients

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/12080/