Andrew John Robertson

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

Andrew John Robertson, a solicitor of WW&J McClure, was found guilty of professional misconduct for accepting and implementing instructions from Client 1 in respect of Client 2's affairs based on a Power of Attorney whose springing/triggering clause had never been activated, without obtaining the required letter or medical opinion confirming Client 2's incapacity. He drafted, executed and witnessed dispositions, family protection trusts and related documents transferring Client 2's property without authority. When the error was discovered, he failed to give the clients a full written explanation or the chance to seek independent advice. The Tribunal found a lack of integrity (Rule B1.2) but expressly found no dishonesty. He was censured and fined £6,000, found liable in expenses, and publicity ordered including his name and former business address.

Duties found breached:

• Act in the client's best interests
• Act only on proper, lawful instructions
• Diligence and timeliness
• Integrity
• No improper communication with the court

Aggravating factors:

• Failure related to a Power of Attorney designed to protect a vulnerable person
• Lack of integrity at the point he attempted to rectify his mistake without being candid in writing
• Significant, fairly high-value transactions undertaken without authority
• Potential for very serious consequences had Client 2 retained capacity
• Two prior findings of unsatisfactory professional conduct (2018 and 2020)

Mitigating factors:

• No personal gain to the Respondent
• No dishonesty
• Long and highly regarded career (practising since 1973)
• Mistake related to a single Power of Attorney
• Judgment possibly clouded by proximity to clients and his assessment of Client 2's capacity
• Later medical report supported his assessment of incapacity
• No averred or apparent loss to clients
• Respondent retired and would not renew practising certificate