Michael Usher
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Michael Usher, sole responsible member, COLP and COFA of Ushers Solicitors LLP, allowed the firm to continue practising without professional indemnity insurance after its policy expired on 31 March 2017. He failed to notify the SRA when the firm entered the Extended Indemnity Period and Cessation Period, accepted new instructions during the cessation period, and failed to ensure the firm ceased practice. He defended on the basis that he had a valid PII contract with AmTrust from 1 April 2017, but the Tribunal found no contract existed as the premium was never paid and finance was declined. The Tribunal found beyond reasonable doubt that on 28 July 2017 he sent an email to the SRA apt to mislead it into believing the firm held PII, and on 31 July 2017 he completed a proposal form to Hera with untrue statements that the firm was insured with AmTrust. Both acts were found to be dishonest applying the Ivey test. All allegations were proved. The Tribunal struck him off the Roll and ordered costs of £8,000.
Duties found breached:
- Act in the client's best interests
- Continuity and handover of representation
- Cooperate openly with regulators
- Firm governance, systems and compliance
- Handle inadvertently received material
- Honesty
- Integrity
- No conflict between current clients
- Non-discriminatory acceptance and cab-rank
- Uphold public trust in the profession
Aggravating factors:
- Dishonesty
- Misconduct was deliberate and calculated
- Conduct continued over several months including 42 days with no PII cover
- Misled the regulator (SRA) and prospective insurer (Hera)
- Respondent was an experienced solicitor and the COLP/COFA, solely responsible
- Significant potential harm to clients and substantial damage to reputation of profession
Mitigating factors:
- No previous disciplinary findings recorded against him