John Mark O'Hara Walker

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

Mr Walker, a Legal Director at Morrisons Solicitors, failed to apply for a Statutory Will for his client Mrs GH, causing her to die intestate without provision for her two disabled sons in care. He then made misleading statements to the client and his employer, fabricated a Grant of Probate and sent it to the client to conceal his failure. He admitted all allegations including dishonesty. The Tribunal, applying the Ivey test, found dishonesty and, on an agreed outcome, struck him off the Roll and ordered him to pay agreed costs of £3,000.

Duties found breached:

• No improper communication with the court
• Integrity
• Not mislead third parties or opponents
• Uphold public trust in the profession
• Act in the client's best interests
• Non-discriminatory acceptance and cab-rank
• Advise on alternatives, settlement and outcome
• No conflict between current clients
• Prompt accounting and return of money

Aggravating factors:

• Dishonesty admitted in respect of four allegations
• Misconduct continued over a period from August 2013 to January 2017
• Dealing with vulnerable people (client's mother lacking capacity and two disabled beneficiaries)
• Representations to client were elaborate and sophisticated
• Used his reputation and experience to boost credibility
• Beneficiaries kept out of funds for at least two years
• Unforgivable breach of trust

Mitigating factors:

• Proper admissions of dishonesty
• High degree of insight shown in letter
• Sense of relief when misconduct came to light
• Full and frank admissions to employer and SRA
• No financial gain
• Suffering from stress and inability to cope with workload
• Over 30 years unblemished career
• Cooperation with the Applicant