Michael Davis
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Michael Davis, a non-solicitor clerk employed by the firm CSL, intimated and pursued personal injury claims where purported clients had not signed retainers/CFAs or had notified the firm they did not wish to pursue claims, and made inaccurate and misleading representations to Third Party Insurers (e.g. in the GR and J family matters, stating medical appointments were expected when instructions had been cancelled). The Tribunal found both allegations proved beyond reasonable doubt, holding his conduct lacked integrity and breached Principles 2 and 6. No express finding of dishonesty was made. The Respondent did not attend; the case was heard in his absence. The Tribunal made a Section 43 order and fixed costs at £2,000.
Duties found breached:
Aggravating factors:
- Considerable experience of nearly 25 years in the legal sector
- Acknowledged the procedures departed from normal practice / knew the difference between ethical and unethical conduct
- Misleading representations to TPIs were made repeatedly
Mitigating factors:
- Was acting under directives from qualified solicitor supervisors and the office manager
- Was in an invidious position; may have lacked formal training and adequate supervision
- Had questioned the practices but was told they were not in breach of the rules
- Was actively seeking alternative employment during his time at the Firm