Michael Gerard Kilkerr

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

Solicitor Michael Gerard Kilkerr was found guilty of professional misconduct for failing to communicate effectively (Rule B1.9.1) by not explaining in writing to his client the loss of rights from relinquishing a liferent and transferring his half-share of his home to his partner LK, and for acting in a conflict of interest (Rules B1.7 and B2.1.4) by acting for both parties. No dishonesty was found. The Tribunal censured him and fined him £1,000, with expenses awarded to the Complainers. At a subsequent compensation hearing, he was ordered to pay the Secondary Complainer £1,000 (with 8% interest) for inconvenience and distress; no financial loss was established because the complainer had recovered the whole property for a single legal aid contribution.

Duties found breached:

• No conflict between current clients
• No improper communication with the court

Aggravating factors:

• Previous finding of professional misconduct also involving a conflict of interest (though 27 years earlier)

Mitigating factors:

• Very long delay in bringing the case to conclusion (events over ten years old)
• Practised without further conduct issues since the incident
• Cooperated with the Fiscal and Tribunal and entered into a joint minute
• Attended the hearing
• Conduct assessed at the lower end of the scale; no risk to the public