Michael Carl Lillywhite

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

Michael Carl Lillywhite, a fixed share partner at George Green LLP, faced two allegations. In Allegation 1.1 he backdated a Memorandum of Appropriation to 13 December 2022 to make it appear signed before completion of a property sale (for CGT purposes). In Allegation 1.2 he sent a misleading email to Client B concealing that a draft Will had been sent to the wrong address. The Tribunal, applying Ivey, found dishonesty proved on both allegations, along with breaches of Principles 2, 4, 5 and Code 1.4. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £15,000 (reduced from £20,836.75).

Duties found breached:

• Honesty
• Integrity
• Not mislead third parties or opponents
• Uphold public trust in the profession

Aggravating factors:

• Two separate dishonest incidents involving different clients within weeks of each other
• Allegation 1.1 involved a degree of planning and was sustained over days requiring multiple deliberate steps
• Backdating of a tax-sensitive document
• Second act followed soon after the first, demonstrating a pattern of concealment

Mitigating factors:

• Unblemished disciplinary record over 14 years of practice
• No personal or financial gain
• No actual loss to clients or third parties
• Uncontested medical evidence of depression, anxiety and impaired judgment at the time
• Conduct out of character during period of personal and professional stress
• Cooperation with investigation, admissions and remorse
• Evidence of stability and rehabilitation, including three years of satisfactory subsequent practice
• Positive character references