Decision record
David Geoffrey Burt
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9038/2004
Date01/01/2004
OutcomeStrike off
Allegation / charges
Client Money, Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 3,250
Dishonesty foundYes
The Respondent, an associate solicitor at Watson Burton, engaged in a prolonged deception concerning a client (Dr D) whose case had been struck out. He concealed the strike-out, fabricated court hearings and orders, signed a settlement without authority, misled the client on settlement sums, and misused monies from the firm and other clients to make unauthorised payments to cover his failings. The Tribunal, applying Twinsectra, found his conduct dishonest and constituting conscious impropriety, rejecting the argument that lack of personal gain negated dishonesty. He was struck off the Roll and ordered to pay costs of £3,250.
Duties found breached:
- No improper communication with the court
- No conflict between current clients
- No improper use of client money
- No baseless or threatened misconduct report
Aggravating factors:
- Serious catalogue of deception maintained over a long period
- Misuse of client monies applying one client's funds to benefit another
- Deceived both client and employer firm
- Fabricated non-existent court orders
- Conduct partly to avoid discovery and preserve his own employment/financial interest
Mitigating factors:
- Early admission of all allegations
- Remorse and apology
- No direct personal financial gain / no high lifestyle
- Loss of employment, marriage and family
- Delay in matter reaching the Tribunal