A D Cockburn

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

Conveyancing solicitor admitted five allegations arising from commercial property transactions for client Mr AM, where he acted for seller, buyer and lender (Yorkshire Bank) without disclosure, failed to advise his lender client in writing of material facts, signed unqualified Certificates of Title, and allowed his purchaser client's interests to prevail over duties to the lender. Mortgage advances were dissipated and not used for the purported purchases, causing significant unrecovered losses. No dishonesty was alleged or found, but the Tribunal found the misconduct at the highest end of seriousness, noted his cavalier approach, lack of insight and a prior 2009 disciplinary finding involving the same client. He was struck off the Roll and ordered to pay £30,000 costs (reduced from £40,626.52 claimed). His appeal to the High Court was withdrawn.

Duties found breached:

• Not mislead third parties or opponents
• Uphold public trust in the profession
• Act in the client's best interests
• Disclose material information to client
• Handle inadvertently received material

Aggravating factors:

• Significant unrecovered losses to lender client, possibly falling on the Compensation Fund
• Previous disciplinary findings in 2009 (breach of undertakings) involving the same client Mr AM
• Senior solicitor of some 30 years' standing
• No insight shown; blamed Land Registry
• Aware of and played part in facilitating undisclosed back-to-back transaction (email of 14 March 2007)
• Motivation to facilitate work and financial benefit for firm
• Admissions only made on day of substantive hearing; no statement filed despite directions