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Andrew John Tilsiter

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9863/2008
Date01/01/2008
OutcomeAJA Appeals, Suspend - Indefinite

Allegation / charges

Breaches, Client Money, Others

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

SanctionSuspension
CostsGBP 18,172
Dishonesty foundYes

Andrew John Tilsiter, admitted 1995 and a partner at Harold Benjamin solicitors, misappropriated client funds totalling approximately £142,506 across three matters by forging letters and diverting clients' damages/sale proceeds into his own mortgage and building society accounts. The Tribunal found all allegations proven, including an express finding of dishonesty under the Twinsectra test. Although a strike-off would normally follow, the Tribunal treated the case as wholly exceptional given his medical condition, full repayment, admissions and co-operation, and instead ordered indefinite suspension plus costs of £18,171.92.

Duties found breached:

Aggravating factors:

  • Deliberate acts including forging letters to clients
  • Paid client money into his own mortgage account on three separate occasions
  • Substantial total misappropriation of approximately £142,506
  • One affected client (the husband in the conveyancing matter) was particularly vulnerable

Mitigating factors:

  • All monies repaid in full with lost interest at the first opportunity
  • Admitted all allegations save dishonesty and co-operated with the enquiry from the outset
  • Money was not used, merely held
  • Suffering from psychological symptoms / mental health issues and work-related stress
  • Numerous favourable testimonials including from a Deputy District Judge and current employer
  • Resigned immediately when confronted
  • Matters had taken place some time ago and Respondent no longer practising

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/9863/