John Davidson

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

John Davidson, a solicitor, visited Mr A (brother of a deceased man whose estate had already been confirmed in favour of a judicial factor) and persuaded him to sign an agreement to be appointed executor dative and dispone the deceased's property to the Respondent and an associate for £15,000, while Mr A would receive only £2,000. The Respondent held himself out as a practising solicitor with a practising certificate and indemnity insurance when he had neither (his name had been removed from the Roll). He failed to follow through, ignored correspondence, attempted to mislead the Law Society that the complaint was withdrawn, and failed to comply with statutory notices and a Section 42A determination ordering compensation of £1,100 to Mr A. The Tribunal found him guilty of professional misconduct singly and in cumulo, expressly finding he acted in a dishonest fashion and attempted to defraud the client. He was struck off the Roll, an order made under Section 53C, and found liable in expenses. The hearing proceeded in his absence.

Duties found breached:

• Disclose adverse law to the court
• No improper communication with the court
• No taking unfair advantage
• Personal probity and fitness to practise
• Non-discriminatory acceptance and cab-rank
• No own-interest conflict
• No conflict between current clients
• Hold a current practising certificate

Aggravating factors:

• Premeditated and fraudulent scheme to procure personal gain
• Specifically targeted a member of the public with no prior connection
• Used his position as a solicitor to gain trust and attempt to defraud the client
• Adversely affected the reputation of the profession
• Held himself out as a practising solicitor when aware he was not
• Failure to make compensation payment to client
• No explanation offered for his actions