Joanne Power

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

Joanne Power, a sole practitioner, COLP and COFA at Diamonds Legal LLP, faced six allegations relating to her handling of probate matters. The Tribunal found all allegations proved. It found she failed to provide adequate costs information (1.1, 1.2), transferred sums from client to office account contrary to the Accounts Rules (1.3), made transfers in excess of proper charges (1.4), gave misleading information to beneficiaries about distribution delays (1.5), and personally occupied an estate investment property rent-free without the client's knowledge (1.6). Dishonesty was found in respect of allegations 1.3, 1.4, 1.5 and 1.6, but not 1.1 and 1.2. The Respondent did not attend. She was struck off the Roll, with no exceptional circumstances found, and ordered to pay reduced costs of £46,645.60.

Duties found breached:

• Honesty
• Integrity
• Uphold public trust in the profession
• Act in the client's best interests
• Non-discriminatory acceptance and cab-rank
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Dishonesty proved
• Misconduct was deliberate, calculated and repeated over a period from 2011 to 2017
• Serious breach of position of trust as executor/solicitor administering estates
• Motivation was personal financial gain (rent-free occupation of client property and use of client money for office expenses)
• Concealment of wrongdoing (asking beneficiary's mother to withhold information from other beneficiaries)
• One affected beneficiary was financially vulnerable
• Misled regulator by denying living at the property
• Conduct occurred across multiple probate files
• Overbilling on all four estates (e.g. approx £250,000 transferred against approx £30,092 of work in Client M matter)

Mitigating factors:

• Made a number of admissions to the allegations (though not to lack of integrity or dishonesty)
• Co-operated with the Applicant and filed an Answer
• Personal mitigation including illness and death of her mother during 2015-16
• No previous disciplinary findings