Andrew Thomas Benson

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

Andrew Thomas Benson, a solicitor and former partner at Byrne & Partners LLP, admitted four allegations including dishonesty: conducting entirely fictitious litigation for client Mr M from October 2010 to December 2013 (fabricating court orders, judgments, transcripts and correspondence, purporting some 14 hearings that never took place and impersonating counsel), causing improper client account withdrawals totalling £112,908.18 relating to clients M and E, falsifying documents for client E, and misleading the SRA Forensic Investigation Officer in a March 2014 interview. The Tribunal found all allegations proved. Despite significant mitigation, including health problems and genuine remorse, the Tribunal found no exceptional circumstances and, applying SRA v Sharma, struck the Respondent off the Roll of Solicitors and ordered him to pay costs of £39,191.40 (not to be enforced without leave, with liberty to apply for a Charging Order).

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Non-discriminatory acceptance and cab-rank
• No conflict between current clients

Aggravating factors:

• Sophisticated and calculated dishonest course of conduct
• Conduct over a lengthy period (October 2010 to December 2013)
• Went to bizarre lengths to maintain fictitious litigation (including impersonating a QC on a conference call)
• Concealed misconduct from client to an extreme degree
• Gross breach of trust placed in him by client, client's parents' solicitors and another client
• Misled the SRA Forensic Investigation Officer

Mitigating factors:

• Previously long unblemished record
• Genuine insight and remorse and candid admissions
• Engaged with proceedings and appeared before the Tribunal
• Funds repaid to clients
• Misconduct limited to two particular clients
• Health issues (depression, stress, heavy drinking) that clouded judgement
• Did not act for personal financial benefit
• Obtained lowly alternative employment to support his family