Patrick Francis Collin

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

Patrick Francis Collin, a solicitor of nearly 30 years, admitted conduct unbefitting a solicitor in breach of Practice Rule 1 by continuing to act in banking instrument and capital enhancement investment schemes between 1997 and 1999, despite a clear OSS warning letter (October 1996) and his own written assurance that he would not be involved further. The Tribunal found he deliberately involved himself in schemes that obviously could have been fraudulent and failed to protect clients. Although the firm had been intervened in on suspicion of dishonesty, there was no express finding of dishonesty by the Tribunal (his counsel and witness stressed foolishness rather than dishonesty). The Tribunal regarded the conduct as so serious that it imposed the ultimate sanction: struck off the Roll, plus costs subject to detailed assessment unless agreed.

Duties found breached:

• Handle inadvertently received material
• Honour professional undertakings
• Good faith and courtesy to colleagues
• No improper solicitation or touting

Aggravating factors:

• Acted despite a clear and unambiguous warning from the OSS (17 October 1996)
• Broke explicit written assurance given to the regulator that he would not be involved further
• Continued such transactions after knowledge of the Law Society 'Yellow Card' guidance
• Experienced solicitor of 25-30 years specialising in the relevant area of law
• Deliberately involved himself in schemes that obviously could have been fraudulent
• Charged substantial fees (e.g. US$10,000, US$100,000, US$5,000)
• Failed to keep attendance notes/records of transactions

Mitigating factors:

• Full admission of the allegation
• Strong character testimonials and a character witness (barrister Mr Keene)
• No ultimate victim or successful fraud in the sampled transactions; most funds returned
• Only one claim made, being defended by the Solicitors Indemnity Fund
• Fees paid to the firm not personally; not financially motivated/vulnerable
• No prior disciplinary frailties (no drink, drugs, gambling)
• Practising certificate already suspended since 1999