Decision record
Martin Edward Burnett
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor at BPK Limited, was found to have committed serious misconduct including creating and presenting a false Grant of Probate, altering a TR2 transaction date, forging signatures on TR1 and DS1 forms, releasing mortgage funds without a contract of sale, failing to disclose material information to a lender client, providing misleading information about a VAT loan, and failing to respond to the SRA. The Tribunal made express findings of dishonesty in respect of Allegations 1.1, 1.2, 1.3 and 1.7. Allegation 1.6 (conflict of interest) was found not proved due to insufficient evidence he acted for the seller. The Respondent did not attend and the hearing proceeded in his absence. He was struck off the Roll and ordered to pay costs of £10,557.63.
Duties found breached:
- Proper basis for allegations
- No tampering with or coaching witnesses
- Disclose material information to client
- Safeguard documents and limit liens
- Cooperate openly with regulators
Aggravating factors:
- Dishonesty (found in respect of Allegations 1.1, 1.2, 1.3 and 1.7)
- Deliberate, calculated and repeated misconduct over a considerable period (2013-2015)
- Breach of position of trust as executor and trust placed by clients and employers
- Concealment of wrongdoing from the Land Registry, Probate Registry and clients including lenders
- Experienced practitioner whose conduct was entirely within his control
- Failure to cooperate with the SRA and to engage with the Tribunal
Mitigating factors:
- No previous disciplinary findings (noted, but Tribunal found no mitigating factors)
Duties engaged
- Proper basis for allegations
- No tampering with or coaching witnesses
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Disclose material information to client
- Advise objectively, not a mere conduit
- Safeguard documents and limit liens
- Cooperate openly with regulators