Alexander David Edmund Hayes Gallagher
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Gallagher, a self-employed advocate instructed by LPC Law, was late to a court hearing on 7 August 2023 and missed it; the judge adjourned the matter of his own volition. The following day, Mr Gallagher created an attendance note falsely stating that he had requested the adjournment and that defence counsel had told him she had not received certain documents. The Tribunal found these statements were untrue and that he knew them to be untrue when written, deliberately fabricating the note to cover his embarrassment over his lateness. Proceeding in his absence, the Tribunal found the allegation proved in its entirety, including breaches of Principles 2, 4 and 5 and Paragraph 1.4, and expressly found his conduct dishonest under the Ivey test. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered him to pay £9,419.00 in costs.
Duties found breached:
Aggravating factors:
- Conduct was dishonest, deliberate and calculated
- Material breach of obligation to protect the public and maintain confidence in the profession
- Motivation was to cover up his lateness to court
Mitigating factors:
- Single episode of brief duration
- Otherwise unblemished career / no previous disciplinary matters
- Full and frank admissions to the Firm and during the SRA investigation
- Underlying lay client suffered no financial loss
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising