Michael Edward Garstang

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

Michael Edward Garstang, a solicitor admitted in 1978 working at Cartwright King, admitted three instances of dishonesty: inappropriately requesting and receiving £100 from a legally aided client (Client A), submitting a claim to the Legal Aid Agency for Client A's case when payment had already been received from the client, and telephoning Client A to request he falsely write that the £100 was a gift. The Tribunal, dealing with the matter on the papers via an agreed outcome, found the admissions properly made. It held the repeated dishonesty caused severe foreseeable harm to the profession's reputation and, with no exceptional circumstances, struck him off the Roll and ordered £16,950 costs. Allegations 3 and 4 were withdrawn.

Duties found breached:

• Act in the client's best interests
• Non-discriminatory acceptance and cab-rank

Aggravating factors:

• Repeated dishonesty that was planned and deliberate
• Misconduct involving a client and client money
• Respondent, an experienced criminal defence solicitor, knew charging a legally aided client breached the Standard Crime Contract
• Attempt to conceal misconduct by asking client to provide a false written account

Mitigating factors:

• Long and successful career with no prior regulatory or disciplinary issues
• Full and early admissions and co-operation with the SRA
• Voluntarily sought to come off the Roll and surrender his practising certificate before resolution
• Evidence of ill health
• Positive character references