Stephen Michael Tobin

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

Stephen Michael Tobin, an experienced solicitor admitted in 1971, admitted all allegations including six allegations of dishonesty relating to deliberately backdating Enduring Powers of Attorney for three clients (Mrs EH, Mr MB, Mr AG) to circumvent the 1 October 2007 legislative change, and falsely witnessing signatures not made in his presence. He also failed to return £15,110 client money held for Mr TK for about six years and improperly used £2,584.83 of that client's funds to pay another client's stamp duty liability. The matter proceeded by Agreed Outcome on the papers. The Tribunal found the allegations proved and struck him off the Roll, ordering costs of £10,000.

Duties found breached:

• Not mislead the court
• Not mislead third parties or opponents
• Act only on proper, lawful instructions
• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Dishonesty admitted under Twinsectra standard
• Aware conduct was dishonest by ordinary standards
• Course of conduct over time, not isolated - three clients over 2010-2013
• Failed to report or reflect despite ample opportunity; only discovered via firm audit
• Involved vulnerable clients
• Failure to return client monies for about 6 years
• Used one client's funds to pay another client's liabilities
• High culpability - experienced solicitor with 40+ years' experience, premeditated conduct

Mitigating factors:

• No previous disciplinary findings
• Early admissions and cooperation with the SRA
• 45 years in practice with clean record
• Believed misplacedly he was acting in clients' best interests
• No personal gain