Roderick G Mickel

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

Roderick G Mickel, sole partner of Graham Mickel & Co, was found guilty of professional misconduct for taking a £65,000 loan from client Mrs A without authority or independent advice while misrepresenting it as a loan to another client, and for misusing client executry funds (Miss D, Mr F, Mr G) for his own use, including taking duplicate fees. The Tribunal expressly found his conduct dishonest, representing an ongoing course of deliberate conduct over nearly two years at the highest end of the scale. Despite mitigation including his severe depression and that no client ultimately lost out, the Tribunal ordered that his name be struck from the Roll of Solicitors in Scotland, with liability for expenses and publicity including his name.

Duties found breached:

• Act only on proper, lawful instructions
• Segregate client money
• No improper use of client money

Aggravating factors:

• Four separate instances of misuse of client funds over almost two years
• Wilful and deliberate conduct rather than spontaneous
• Deliberately corrected/altered ledger entries to cover the nature of the payment
• Two previous findings of misconduct before the Tribunal
• Interest to Mrs A only paid after his letter to the Law Society; admissions only made after Guarantee Fund intimated an interview
• Conduct at highest end of the scale, dishonest ongoing course of conduct

Mitigating factors:

• No client sustained actual loss; all funds ultimately repaid
• No claim on the Guarantee Fund
• Cooperated with the prosecution from outset and made admissions
• Suffering from severe depression at the material time (supported by psychiatric report)
• Already suspended from practice and sequestrated
• Full admissions via Joint Minute