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discipline 4 October 2026
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Decision record

Robert Harvey Greenfield and James Smithson

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8787/2003
Date01/01/2003
OutcomeStrike off

Allegation / charges

Breaches, Failures, Others

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

SanctionStrike Off
CostsGBP 3,880
Dishonesty foundYes

Two partners of Smithson Greenfield & Co faced allegations of conduct unbefitting a solicitor. The Tribunal found Greenfield had produced letters to the Law Society's Investigation Accountant with intent to mislead (an express finding of intent to mislead). Both failed to pay indemnity premiums, comply with three county court orders, and reply to OSS correspondence; Smithson practised in breach of a practising certificate condition. Given the seriousness of these findings coupled with earlier 2001 disciplinary findings, both were struck off the Roll and ordered to pay costs of £3,880.48 plus the Applicant's costs on a joint and several basis.

Duties found breached:

Aggravating factors:

  • Prior disciplinary findings in November 2001 (with £5,000 fines each)
  • Non-co-operation with the disciplinary proceedings (particularly by Greenfield)
  • Greenfield's intent to mislead the Law Society's Investigation Officer
  • Repeated failures to comply with multiple court orders

Mitigating factors:

  • Smithson made admissions and co-operated to that extent
  • Smithson suffered from depression and alcoholism affecting his personal life
  • Both Respondents adjudicated bankrupt in November 2002
  • Smithson left the day to day running of the practice to Greenfield

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/8787/