David Buckle
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
The SRA alleged that Mr Buckle, a senior solicitor and partner at DMB Law, made and entered into a development proposal (the Second Development Proposal) with Mrs A, a long-standing client of the Firm, in circumstances involving an own interest conflict and taking advantage of a vulnerable client; that he continued to act for her while investing in/managing the development, loaning her money and buying a property for her to live in; and that he failed to ensure proper contractual documentation was in place (or alternatively took unfair advantage of her). The Tribunal dismissed all allegations. It found Mr Buckle's evidence honest and corroborated, accepting that he acted in his personal capacity as a financier (and as director of his companies RKB and DFB), not as a solicitor, in relation to the Second Development Proposal. Mrs A was not a client of the Firm in February 2014 for that proposal and was found not to be vulnerable, being described by witnesses as a 'formidable' figure who knew her own mind. Time recorded on the Firm's systems related to opportunity cost, not billable solicitor work, and no client invoice was raised. While Mr Buckle did periodic solicitor work for Mrs A during 2014-2020, the Tribunal found no own interest conflict or significant risk of one because his and Mrs A's interests were aligned. Although he failed to ensure appropriate contractual arrangements were in place for the Project, occupation of Property 2 and the Loans, this was found not to amount to professional misconduct as the lack of documentation was to Mrs A's benefit and his detriment. He did not take unfair advantage of her, having supported her financially throughout, and was the only party to suffer loss. The Tribunal ordered the Applicant to pay the Respondent's costs fixed at £50,000.
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