David Morrell

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

David Morrell, admitted 1977, was found to have breached the Solicitors Practice Rules 1990 and Solicitors Accounts Rules 1998 while at Molesworths Bright Clegg. Over approximately 10 years he misled probate clients about property values, sold properties to friends/associates at potential undervalue, failed to disclose his own interest and conflicts (acting for both buyer and seller), and made unauthorised transfers of client money for personal and family gain. Applying the Twinsectra test, the Tribunal found the Respondent acted dishonestly. Despite substantial mitigation regarding his mental health and personal circumstances, the Tribunal struck him off the Roll and ordered agreed costs of £17,500.

Duties found breached:

• No conflict between current clients
• Good faith and courtesy to colleagues

Aggravating factors:

• Misconduct took place over a long period (approximately 10 years, from 1998 to 2008)
• Misled clients about property values to gain personal advantage
• Failed to declare his own financial interest and conflicts where acting for both sides
• Used unconnected clients' funds and family trust funds without informing them
• Acted for personal gain and gain of his family/associates

Mitigating factors:

• Severe personal circumstances including wife's genetic medical condition and son's health scare
• Suffered from stress, adjustment disorder, depression and anxiety
• No previous disciplinary findings; clean record for over 20 years
• Engaged with the disciplinary process, admitted misconduct and provided detailed statement
• Made substantial payment/full recompense to the firm to resolve matters
• Stated no intention ever to practise again