Scott Halborg
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Scott Halborg, a solicitor of over 20 years' standing and the COLP/COFA and majority shareholder at Deals and Disputes Solicitors LLP, was found to have engaged in sustained improper litigation conduct between January 2021 and November 2023 during proceedings arising from a family dispute. He submitted proceedings/applications found to be totally without merit or an abuse of process, was made subject to two limited civil restraint orders and a general civil restraint order, and behaved in a manner that drew judicial criticism. He admitted breaches of Principles 1 and 2 and Code paragraphs 2.4 and 2.6, but contested integrity. The Tribunal found his conduct lacked integrity (Principle 5), assessed culpability as high, and rejected calls for a reprimand or fine. He was suspended for 12 months and ordered to pay £30,630 in costs. No express finding of dishonesty was made.
Duties found breached:
Aggravating factors:
- Respondent had over two decades of post-qualification experience and would have known his conduct breached regulatory obligations
- Held senior roles of COLP and COFA with enhanced responsibility for compliance
- Sustained and persistent pattern of conduct despite repeated judicial warnings
- Late-stage admissions made against a backdrop of sustained resistance and criticism of judicial findings, demonstrating limited insight
Mitigating factors:
- Unblemished regulatory record over two decades of practice
- Conduct arose from sensitive familial litigation during the COVID-19 pandemic
- Counsel had been instructed and endorsed issuing proceedings
- Expressed remorse and showed some movement in position by ceasing to contest most allegations
- Cooperated fully with the regulator
- Suffered significant financial and reputational consequences including indemnity costs orders exceeding £1 million
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