Decision record
Joanne Power
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Joanne Power, a sole practitioner and COLP/COFA at Diamonds Legal LLP, faced six allegations arising from her handling of probate/estate matters. The Tribunal found all allegations proved. She failed to provide adequate costs information (1.1, 1.2), transferred sums from client to office account contrary to the SRA Accounts Rules without proper bills (1.3), overbilled estates transferring sums vastly in excess of work done (e.g. ~£250,000 taken against ~£30,092 of work on Client M's estate) (1.4), provided misleading information to beneficiaries about delays (1.5), and occupied for her personal use, rent-free and without consent, a property purchased as an investment for an estate client (1.6). The Tribunal expressly found dishonesty proved on allegations 1.3, 1.4, 1.5 and 1.6 (but not 1.1 and 1.2). Given the dishonesty finding and absence of exceptional circumstances, the Respondent was struck off and ordered to pay costs of £46,645.60 (reduced from £50,245.60).
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
- Good faith and courtesy to colleagues
Aggravating factors:
- Dishonesty deliberate, calculated and repeated over period 2011-2017
- Motivation of personal financial gain
- Serious breach of position of trust as executor/administrator
- Concealment of wrongdoing (asked beneficiary's mother to withhold information)
- Harm to vulnerable beneficiary experiencing financial hardship
- Misled regulator about living at the property
- Course of similar conduct across multiple probate files
Mitigating factors:
- Made a number of admissions to allegations (though not to lack of integrity or dishonesty)
- Co-operated with the Applicant and filed an Answer
- Personal circumstances including illness/death of mother and own medical conditions
Duties engaged
- Honesty
- Integrity
- 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
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
- Good faith and courtesy to colleagues