Montague Frankel

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

Montague Frankel, a solicitor admitted in 1971, admitted to providing banking facilities through the firm's client account for client Company A involving about £1,167,061.97 between 2004 and 2019, and to dishonestly creating in January 2021 a letter falsely dated December 2014, signed by his elderly client, and submitting it to the SRA to conceal his earlier wrongdoing. The Tribunal found express dishonesty in the false letter (allegation 1.2). On an agreed outcome dealt with on the papers, the Tribunal found no exceptional circumstances and ordered the Respondent struck off the Roll and to pay costs of £15,000.

Duties found breached:

• Firm governance, systems and compliance
• No improper use of client money
• Not mislead third parties or opponents
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty alleged and admitted
• Misconduct was deliberate and the banking facility continued over many years (2004-2019)
• Took advantage of a vulnerable, elderly client in procuring signature on the false letter
• Acted in his personal interest to conceal earlier wrongdoing
• Very experienced solicitor in direct control of the circumstances
• Demonstrated limited insight

Mitigating factors:

• Permanently retired and held no practising certificate, reducing need to protect public
• Conduct (banking facility) self-reported by the firm
• No complaint made by any client or other person
• Aged 75 and retired in 2019 with no intention of returning to practice
• Offered at an early stage to be removed from the roll
• Apologised for his misconduct