Robert Henry Foster

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

Robert Henry Foster, an experienced solicitor specialising in wills and probate, prepared an Enduring Power of Attorney for an elderly client in October/November 2010 but backdated it to 6 November 2003 (when the client had signed a will he prepared) and witnessed the signatures as if the document had been completed at that earlier date, knowing that EPAs could no longer be validly created after 1 October 2007. He also failed to advise the client that the document was invalid and could not be registered with the OPG. Both allegations were admitted and found proved beyond reasonable doubt, including express dishonesty under the Ivey test. The Tribunal rejected the argument that altruistic motivation created exceptional circumstances, finding the conduct was planned rather than a moment of madness, distinguished it from Burrowes, and struck the Respondent off the Roll, ordering agreed costs of £7,942.

Duties found breached:

• No conflict between current clients
• Not misrepresent regulated status

Aggravating factors:

• Proven dishonesty in breach of obligation to protect the public and maintain public confidence
• Deliberate and planned conduct with preparation to put the dishonest act into effect
• Breach of a position of trust involving an elderly and vulnerable client
• Conduct instigated by the Respondent himself, not requested by the client
• Previous disciplinary matter demonstrating lack of good judgement
• Caused distress and consternation to AP and detriment to BR's estate

Mitigating factors:

• No personal financial gain; altruistic motivation to help an elderly client save money
• Made good the loss by reimbursing BR's estate the legal fees incurred
• Single course of conduct over a short period
• Early, open and frank admissions and cooperation with the SRA
• Demonstrated some insight and remorse
• Numerous testimonials attesting to probity and integrity over 40 years of practice