Kerr Clement

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

Mr Kerr Clement, a commercial property solicitor at Burnett Barker Solicitors Ltd, admitted failing to register clients' interests in the Old Eagle Pub purchase and failing to perform undertakings given to TCF Ltd/Priority Law and Barclays Bank within a reasonable time. The Tribunal, dealing with the matter on the papers via an Agreed Outcome, found the admissions properly made and assessed the conduct as serious (band 3) but imposed a reduced fine of £5,500 given his means, plus £1,350 costs. No dishonesty was alleged or found; the conduct was described as inadvertent mistakes rather than deliberate.

Duties found breached:

• No conflict between current clients
• Honour professional undertakings

Aggravating factors:

• Experienced solicitor (9 years qualified) with direct control of the matters
• Misconduct repeated across more than one client matter, involving three separate undertakings to three firms in two transactions
• Caused harm to clients, lenders, the Firm (increased insurance premiums) and the reputation of the profession
• Put clients' and lenders' security interests at risk

Mitigating factors:

• Full cooperation with the SRA
• Admissions made at the earliest opportunity
• No previous disciplinary history since admission in 2009
• Misconduct was not deliberate or premeditated - inadvertent mistakes under heavy workload
• Took some steps to register charges and discharge undertakings (though ineffective)
• Difficult work environment with little support; request for additional assistance refused
• Lost his job and suffered financial, physical and mental health difficulties
• Reduced financial means