Mark Victor Michie

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

The Respondent, a corporate solicitor, was found guilty of professional misconduct for a 5 January 2006 email advising clients (partners seeking to leave/dissolve a firm) to destroy or remove client lists/marketing databases, remove the will box from the premises, and take client files without mandates, contrary to the ethical standards of the profession and clear Law Society guidance on mandates. He pled guilty. The Tribunal found the advice was tantamount to theft and, given his lack of insight, concluded he was not a fit and proper person to remain a solicitor. It ordered his name struck off the Roll and found him liable for expenses, with publicity deferred until related proceedings concluded. No express finding of dishonesty was made.

Duties found breached:

• Advise on alternatives, settlement and outcome
• No conflict between current clients
• No improper use of client money
• No improper solicitation or touting
• Not misrepresent regulated status

Aggravating factors:

• Advice amounted to encouraging other professionals to ignore the law and rules for their own commercial gain
• Conduct tantamount to theft
• Lack of real insight into the seriousness of the failures
• Advice was given months before being acted upon, giving time to reflect, yet was never changed
• Advice given by an experienced solicitor and demonstrated awareness of the correct position on mandates

Mitigating factors:

• Guilty plea tendered on Respondent's behalf
• Apologetic and contrite; acknowledged the email should never have been written
• No longer practising and voluntarily ceased working as a solicitor since January 2009
• Actual inconvenience to clients was minimal due to prompt action by his clients
• Personal difficulties including acrimonious divorce and financial hardship
• Claimed lack of knowledge/experience of partnership law