Michael Davis

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

Michael Davis, a non-solicitor clerk at CSL, intimated and pursued personal injury claims where clients had not signed retainers/CFAs or had told the firm they did not wish to pursue claims, and made inaccurate and misleading representations to third party insurers (e.g. in the GR and J family matters, claiming medical appointments were expected when instructions had been cancelled). The Tribunal, proceeding in his absence, found both allegations proved beyond reasonable doubt, holding he acted without integrity (Principle 2) and failed to maintain public trust (Principle 6). No dishonesty was alleged or found. It made a Section 43 order restricting his employment by solicitors without SRA permission and ordered him to pay costs of £2,000.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession

Aggravating factors:

• Misleading representations to third party insurers were made repeatedly
• Nearly 25 years of experience in the legal sector; knew the procedures were a departure from normal practice

Mitigating factors:

• Was following directives from qualified solicitor superiors/office manager
• Lacked formal training and adequate supervision at the Firm
• Admitted Allegation 1.1 and accepted the SRA report findings
• Was in an invidious position within a fast-paced office