Mark Feely

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

The Respondent, a partner at David Barney & Co, acted for Client A on the transfer of Client A's home and only asset (Property X) to his son JR for no consideration. Allegation 1 was found proved on the basis that the Respondent provided inadequate information regarding the terms of his instruction, client care arrangements and advice on the transaction, breaching paragraphs 3.2, 3.4 and 8.6 of the Code and Principles 2 and 7. The Tribunal preferred the Respondent's evidence over Client A's and accepted that a telephone call on 21 December 2020 took place and that some advice was given, but found it inadequate without detailed written advice or a fuller note. Allegation 2 (taking instructions from/through JR) was not proved, as communications with JR were administrative rather than instructional. The allegation of manifest incompetence was dismissed as not meeting the high threshold. The Respondent was Reprimanded and ordered to pay reduced costs of £6,000 (from £40,798 claimed).

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession
• Act in the client's best interests
• No acting against a former client
• Competence

Mitigating factors:

• Misconduct arose in the context of a single conveyancing transaction
• No dishonesty, lack of integrity, manifest incompetence or personal gain
• Respondent made appropriate admissions
• Full cooperation throughout investigation and proceedings
• Genuine insight into failings
• Otherwise unblemished 23-year career with no previous disciplinary findings
• Failings were isolated and not repeated
• Occurred during exceptional circumstances of COVID-19 pandemic
• Self-reported to the SRA