Tina Theresa Shiebert
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The SRA alleged that Ms Shiebert, a solicitor and partner at Forbes Hall LLP (trading as Dickins Shiebert), sent a letter dated 24 September 2021 to the leaseholders of Flat 4 (the Dunleavys) that was apt to mislead them as to their rights over land (a paddock) in order to induce them to enter a deed of variation forfeiting those rights, in breach of Principles 2, 4 and 5 of the SRA Principles 2019 and paragraph 1.4 of the Code. At the close of the Applicant's case, the Tribunal upheld a no-case-to-answer submission under the first limb of Galbraith, finding the allegation fatally flawed and misconceived because there were no enforceable rights over the paddock about which the leaseholders could have been misled. The allegation was dismissed and the alleged breaches were not considered. The Tribunal found good reason to depart from the Baxendale-Walker starting point of no order as to costs because the prosecution was unreasonable, and awarded the Respondent costs of £159,242 (claimed £171,654).
Mitigating factors:
- Respondent had an unblemished regulatory record over 39 years as a solicitor
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