David George Robertson

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

The Respondent was found guilty of professional misconduct for misappropriating £10,000 from his client the late Mrs A, misleading client Mrs B into believing her reparation claim (which he had allowed to become time-barred) had been settled for £10,000, and preparing a Will for the late Miss C which conferred a significant monetary benefit on himself. Although the Tribunal referred to embezzlement and breach of trust, no express finding of dishonesty was recorded. The Tribunal ordered his name struck off the Roll of Solicitors and found him liable for expenses.

Duties found breached:

• Proper basis for allegations
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Embezzlement of client funds only discovered when partners found out
• Breach of client trust

Mitigating factors:

• Full cooperation with Law Society and entering into Joint Minute
• Appeared before Tribunal and explained circumstances
• Personal difficulties - friend's suicide, marital and work pressures, ill health at the time
• Remorse and shame expressed
• No undue influence exerted over Miss C; no intention of taking the legacy