Massimo D'Alvito
JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor — Massimo D’Alvito, 1 Winton Grove, Edinburgh
Date15th Dec 2014
AppealNo Appeal
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
Dishonesty foundYes
The Respondent, a former criminal legal aid solicitor, admitted via Joint Minute a deliberate dishonest scheme over two years: submitting 81 accounts to SLAB with invented outcomes to obtain early payment of core fixed fees, and on six occasions mis-describing diets to claim additional deferred-sentence fees. The Tribunal found him guilty of professional misconduct involving dishonesty and deceit, deeming it at the highest end of the scale, and struck his name from the Roll of Solicitors. He was found liable for expenses and publicity was ordered. All overpaid monies had been repaid.
Duties found breached:
Aggravating factors:
- Deliberate dishonest course of conduct over a two-year period
- 81 separate false certifications to a public body
- Systematic abuse of public funds/legal aid system
- Conduct was dishonest and criminal in nature
- Lack of insight into the seriousness of the conduct
Mitigating factors:
- Cooperated with the Complainers and Tribunal proceedings
- Repaid all overpayments in full
- Would eventually have been entitled to most of the fees claimed early
- Young solicitor at an early stage of his career
- Suffering cash flow problems at the time
- Actual fraudulent gain was relatively small (around £360)
Duties engaged
Documents
Source: https://www.ssdt.org.uk/findings/law-society-v-massimo-dalvito/