Andrew John Robertson

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

The Respondent, an experienced solicitor, accepted and implemented instructions from Client 1 concerning Client 2's affairs (including drafting/witnessing dispositions, a family protection trust and property sale) on the basis of a Power of Attorney whose springing/triggering clause had never been activated, without obtaining a medical opinion on Client 2's capacity or written authority from her. When the error was discovered, he failed to provide clients with a full written explanation and the opportunity to seek alternative advice. The Tribunal found professional misconduct through breaches of Rules B1.2, B1.4, B1.5, B1.9 and B1.10, finding a lack of integrity (expressly not dishonesty). He was censured and fined £6,000, and found liable for expenses.

Duties found breached:

• No improper communication with the court
• Honesty
• Act only on proper, lawful instructions
• No conflict between current clients

Aggravating factors:

• Failure to protect the extremely vulnerable position of Client 2
• Lack of integrity in attempting to rectify mistake without being candid in writing
• Mistake related to a Power of Attorney designed to protect the vulnerable
• Significant, fairly high-value transactions involved
• Potentially very serious consequences if Client 2 had in fact had capacity
• Two prior findings of unsatisfactory professional conduct

Mitigating factors:

• No personal gain to the Respondent
• No dishonesty
• Highly regarded solicitor with lengthy career (practising since 1973)
• Judgment clouded by proximity to clients and his own assessment of Client 2
• Medical report eventually supported his assessment of Client 2's incapacity
• No averment or evidence of loss
• Not intending to renew practising certificate and not currently undertaking legal work
• Mistake related to a single Power of Attorney