Anthony Burns
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Anthony Burns, a sole practitioner solicitor at Mawdsleys Solicitors, faced four allegations which the Tribunal found all proved on the unchallenged evidence (he did not attend and was unrepresented). He failed to comply with a Legal Ombudsman Final Decision of 13 October 2017 for over 5 years (paying £400 compensation only in August 2022 and releasing trust funds only in April 2023), requiring LeO to obtain a County Court order, with which he also failed to comply in a timely manner. He also caused/allowed inaccurate or misleading information to be given to the Firm's prospective insurers on two professional indemnity proposal forms, failing to disclose a 2008 money laundering conviction (fined £2,000) and multiple regulatory investigations. He further failed to comply with court orders of Master McQuail (including one with a penal notice). The Tribunal made no express finding of dishonesty; the SRA's case was advanced on lack of integrity and recklessness. The Tribunal ordered him struck off the Roll.
Duties found breached:
- Good faith and courtesy to colleagues
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
- Proper basis for allegations
Aggravating factors:
- Persistent and prolonged non-compliance over a period of 5 years and 6 months
- Previously sanctioned by the SRA on two occasions for failing to engage or comply with LeO
- Required LeO to obtain a county court order to enforce compliance
- Failure to comply with court orders, including one carrying a penal notice
- Conduct alleged to be reckless
Mitigating factors:
- Mr Burns cited challenging years for the profession
- National postal problems and delays in probate and Land Registry processes
- His longstanding cashier suffered a stroke
- Email and domain service problems in March 2023
- Eventually paid compensation and released funds
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising