Craig Robert Harvie

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

The Scottish Solicitors' Discipline Tribunal found Craig Robert Harvie guilty of professional misconduct in cumulo for breaching Rules B1.2, B1.4.1, B1.7.1, B1.5.1 and B1.9.1 of the 2011 Practice Rules. He acted in a conflict of interest by taking instructions from one partner (Andrew) to draft a partnership variation significantly reducing the interests of a terminally-ill, vulnerable partner (Bill) by over £425,000, without taking Bill's instructions, without proper regard to vulnerable client guidance, and without proper written advice. The Tribunal expressly found no dishonesty and no personal gain, accepting his motivation was to help a long-standing family partnership. He was censured and fined £5,000, with expenses awarded against him and publicity directed.

Duties found breached:

• No improper communication with the court
• Act in the client's best interests
• Act only on proper, lawful instructions
• No conflict between current clients

Aggravating factors:

• Client (Bill) was terminally ill, hospitalised and clearly vulnerable
• Conflict of interest was stark and should have been obvious from the outset
• Variation reduced Bill's interest by in excess of £425,000, all to benefit of Andrew from whom instructions were taken
• Failed to consider vulnerable client guidance or check on Bill's capacity/medication with medical staff

Mitigating factors:

• No dishonesty, deceit, recklessness or personal gain
• Motivation was to help a long-standing family partnership in difficult circumstances
• No previous disciplinary record; admitted to roll 1995/1996
• Cooperated fully with disciplinary process, candid and transparent, demonstrated insight
• Well-respected practitioner with positive references
• Events occurred under time pressure over the Christmas period
• Unlikely to repeat the conduct