Craig Robert Harvie

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

Craig Robert Harvie, a solicitor acting for a family farming partnership, was found guilty of professional misconduct in cumulo for breaches of Rules B1.2, B1.4.1, B1.7.1, B1.5.1 and B1.9.1 of the 2011 Practice Rules. He took instructions from one partner (Andrew) to draft a partnership variation significantly reducing the interests of another, terminally ill and vulnerable partner (Bill), without proper instructions from Bill, meeting him in hospital without family present and acting in a stark conflict of interest. The Tribunal expressly found no dishonesty or deceit, accepting his motivation was to help a long-standing client. He was censured and fined £5,000, and found liable for the Complainers' and Tribunal's expenses, with publicity directed.

Duties found breached:

• Act in the client's best interests
• Act only on proper, lawful instructions
• No conflict between current clients
• No taking unfair advantage

Aggravating factors:

• Conflict of interest was or should have been obvious from the beginning
• Client was terminally ill, hospitalised and clearly vulnerable
• Variation reduced Bill's interests by in excess of £425,000 to the benefit of Andrew, from whom instructions were taken

Mitigating factors:

• No previous disciplinary record (solicitor since 1996)
• No dishonesty, deceit or personal gain
• Motivation was to help a long-standing family partnership client in difficult circumstances
• Time of year (Christmas period) and pressing terminal illness created urgency
• Cooperation with disciplinary process; candour and transparency
• Demonstrated insight; unlikely to repeat conduct
• Good character and positive references