Decision record
Michael Baker
Allegation / charges
Breaches, Lack of Integrity, Practice Framework Rules, SRA Principles 2011
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, an experienced solicitor admitted in 1992, admitted three allegations: practising while suspended and without a practising certificate, working at a firm without prior SRA approval contrary to PC conditions, and completing a property/business sale before securing loans against the land, putting clients' funds (up to £2m) at risk. The conduct dated from 2016 but was only reported in 2021. The Tribunal initially rejected a proposed 3-year suspension and sought further submissions; the parties revised the agreed outcome to a 5-year suspension. The Tribunal found a serious lack of integrity (not dishonesty) and blatant disregard of its previous order, but concluded strike off was not justified. It imposed a 5-year suspension with post-suspension practice restrictions and ordered £4,000 costs.
Duties found breached:
Aggravating factors:
- Practised as a solicitor while already suspended by the Tribunal
- Practised for some 9 months in breach of conditions on his practising certificate
- Knew or ought to have known his conduct materially breached obligations to protect the public and reputation of the profession
- Previous disciplinary history - suspended for one year in 2015 for breach of accounts rules including acting without integrity
- Blatant disregard of the Tribunal's previous order
Mitigating factors:
- Cooperated with the SRA investigation
- Did not receive remuneration or enter an employment contract for the initial work
- Claimed he wrongly assumed his conduct did not breach the terms of his suspension
- Did not hold himself out as a solicitor and work was overseen by Mrs Whiting
- Expressed apology and remorse
Codes & rules applied
Duties engaged
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Safeguard documents and limit liens
- Hold a current practising certificate