Michael Thomas McSherry

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

Michael Thomas McSherry, a sole practitioner at SBM Law, faced a complaint over ten issues arising from his handling of £200,000 deposited by Mr D and a property transaction for Mr C/Company 1. The Tribunal found him guilty of professional misconduct, singly in respect of misrepresentation to Mr D, improper/inaccurate client ledger recording, and dishonest misrepresentations to estate agents SHH and TLT Solicitors, and in cumulo for money laundering failures, failure to investigate source of funds, poor accounting, failure to reconcile bank statements, and failure to train as cashroom manager. The Tribunal expressly found that his misrepresentations met the objective and subjective tests of dishonesty, noting he falsely claimed to hold £2,050,000 in his client account and moved Mr D's funds without authority. Heard in his absence on affidavit evidence, the Tribunal ordered his name be struck off the Roll, effective on intimation of the findings, and found him liable for expenses on a taxed basis.

Duties found breached:

• Not mislead third parties or opponents
• No improper use of client money
• Accounting records, reconciliation and reports
• AML and crime-prevention compliance

Aggravating factors:

• Previous finding of professional misconduct against the Respondent for analogous matters on 21 January 2016
• Lack of remorse and insight displayed by the Respondent
• Failure to engage adequately with the Tribunal process
• Conduct at the higher end of the scale of misconduct with potential for very serious consequences

Mitigating factors:

• No evidence that the Respondent received any personal financial gain from his conduct
• Personal circumstances in 2014 (his son was unwell)
• Limited knowledge of conveyancing and reliance on others