Richard Caplan

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

Richard Caplan, a sole practitioner solicitor, was found to have practised and taken on 104 new client matters without professional indemnity insurance after 31 March 2012, failing to notify clients and failing to pay ARP premiums. More seriously, as executor and solicitor for the estate of the late Mrs MW, he misappropriated £204,676.44 by paying it to HMRC rather than to residuary beneficiary RNIB, failed to account to RNIB for that sum, and provided a materially false Will and Statement of Account to cover up the misdirection. The Tribunal made an express finding of dishonesty applying the Twinsectra test in respect of all three matters. With no exceptional circumstances, the Respondent was struck off the Roll and ordered to pay costs of £21,000 inclusive of VAT, not to be enforced without the Tribunal's permission given his IVA.

Duties found breached:

• Proper basis for allegations
• Handle inadvertently received material
• No improper use of client money
• Professional indemnity insurance

Aggravating factors:

• Prior disciplinary finding in 2004 (fine of £10,000) for conduct unbefitting a solicitor
• Dishonest conduct sustained over a considerable period (July 2010 to August 2012)
• A charity was deprived of £204,676.44 properly due to it
• Steps taken to conceal the misappropriation including failing to respond to correspondence and providing false documents
• Exposed clients to risk by practising and taking on 104 new matters without insurance

Mitigating factors:

• Difficulties obtaining affordable PII arising from conduct of former partner Ms J and the 'crossover files'
• Limited assistance from the SRA in locating the crossover files
• Respondent attempted to arrange affordable PII to save the business and staff jobs
• No known claims arose during the uninsured period