Milton Firman

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

Sole practitioner Milton Firman failed to advance a client's personal injury claim, which became statute barred. He concealed this and, in November 2003, sent the client a £16,750 cheque from his own funds drawn on client account, falsely representing it as a settlement of her claim. He admitted all allegations, including dishonesty. The Tribunal found the allegations substantiated, holding that the prolonged deception was not a one-off error and that his mitigation did not amount to exceptional circumstances. He was struck off the Roll and ordered to pay agreed costs of £2,300.

Duties found breached:

• Disclose adverse law to the court
• Proper basis for allegations
• No taking unfair advantage
• Act in the client's best interests
• No improper use of client money

Aggravating factors:

• Deception of client maintained over a prolonged period (claim struck out in 2000, cheque not sent until November 2003)
• Did not admit conduct or attempt to put matters right until investigated by the Law Society
• Previous appearance before the Tribunal in 1986 (though noted to be 20 years earlier and involving very different allegations)
• Client left distressed, confused and with diminished trust in the profession

Mitigating factors:

• Full and frank admissions from the outset and cooperation with the Applicant
• Disclosed counsel's opinion on quantum of damages
• No personal financial advantage sought; paid client from his own savings
• Genuine contrition and apology to client, profession and family
• Steps taken to wind down sole practice and work only as a criminal consultant with another firm
• Provided a supporting reference; long hours/overwork cited as a factor