Decision record
Paul Andrew Smith
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Paul Andrew Smith, a solicitor handling a personal injury claim (Claim 2) for Client A, located medical records showing the client had preferred a Caesarean birth, which was 'catastrophic' to the claim. Over several months (Sept-Dec 2022) he misled his client, the Court and defendants' solicitors by stating the relevant birth plan/medical records could not be located when they were in his possession. He drafted a false witness statement which Client A signed under a Statement of Truth, and sent misleading correspondence to the Court. He admitted all three allegations including dishonesty and lack of integrity. The Tribunal approved the agreed outcome, striking him off the Roll and ordering costs of £7,500.
Duties found breached:
Aggravating factors:
- Conduct sustained over a number of months
- Misled his client, other members of the profession and the Court
- Caused Client A to sign a Statement of Truth in a witness statement that was untrue, exposing her to risk of contempt of court proceedings
- Concealed medical records detrimental to client's case
Mitigating factors:
- Full admissions to all allegations including dishonesty
- Cooperation via agreed outcome
- Evidence of reduced means
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Not mislead the court
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Act in the client's best interests
- Disclose material information to client
- Advise objectively, not a mere conduit
- Protect legal professional privilege
- Keep client informed and respond promptly
- Non-discriminatory acceptance and cab-rank
- Handle inadvertently received material
- Good faith and courtesy to colleagues
- Serve justice and improve the law
Other decisions involving this respondent
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