David Henry Winston

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

David Henry Winston, admitted 1978, faced eleven allegations of conduct unbefitting a solicitor including practising in breach of/without a Practising Certificate, delay, failing to reply to correspondence, failing to hand over papers, breaches of the Solicitors Accounts Rules, and most seriously being deliberately/recklessly party to production of a fabricated Court Order (altered from a genuine order) which he presented to his client Mrs R as genuine, leading to a Ward of Court being removed to Jamaica. He did not appear or provide explanations. The Tribunal found all allegations proved. It was expressly not alleged that he was dishonest regarding his books of account (shortfalls arose from overpayments/muddle), and the Tribunal characterised the fabrication as gravely misleading his client rather than making an express dishonesty finding. Given the seriousness of fabricating court documents as an officer of the court, and his prior disciplinary record (£2,500 fine in 1994), the Tribunal ordered the ultimate sanction of striking off plus taxed costs.

Duties found breached:

• Cease acting on client perjury or disobedience
• No taking unfair advantage
• Complaints procedure and handling
• Handle inadvertently received material
• No improper use of client money
• Diligence and timeliness
• Hold a current practising certificate

Aggravating factors:

• Fabricated a Court Order and misled client into removing a Ward of Court from the jurisdiction (to Jamaica)
• Previous appearance before the Tribunal (17 July 1994) with a £2,500 fine for similar conduct - failed to learn his lesson
• Persistent failure to communicate with the SCB, applicant and Tribunal
• Shortfalls in client account (£1,267.17 and £4,903.88)