James O'Neill Robb
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9961/2008
Date01/01/2008
OutcomeStrike off
Allegation / charges
Breaches, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 7,750
Dishonesty foundYes
James O'Neill Robb, a solicitor admitted in 1970, was found to have created and later altered an attendance note purporting to be contemporaneous, and to have made a misleading witness statement and allowed a misleading Reply and Defence to Counterclaim to be served in probate proceedings. He admitted dishonesty on allegation 1; the Tribunal found dishonesty proved on allegations 2 and 3 applying the Twinsectra test. He was struck off the Roll and ordered to pay agreed costs of £7,750.
Duties found breached:
- Not mislead the court
- Not mislead third parties or opponents
- Uphold public trust in the profession
- Handle inadvertently received material
Aggravating factors:
- Dishonest conduct on more than one occasion
- Created a purported contemporaneous attendance note on a second occasion and altered its wording
- Falsely claimed to the SRA he was unaware of the existence of NR's daughter L when he had known
- Signed Statements of Truth on documents he knew to be misleading while an officer of the court
Mitigating factors:
- Long and previously unblemished career of nearly 40 years
- Admitted dishonesty in relation to allegation 1
- No personal benefit or financial gain
- Numerous testimonials in support
- Acting under pressure from aggressive disappointed beneficiaries
- Delay in bringing matter to Tribunal and effect on health