Decision record
Anthony Robert Dart
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11511/2016
Date01/01/2016
OutcomeStrike off
Allegation / charges
Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 12,000
Dishonesty foundNo
Anthony Robert Dart, a sole practitioner criminal legal aid solicitor, admitted participating in discussions with a vulnerable female client about an inappropriate arrangement to settle his unpaid bill 'in kind' and watching pornography with her in his office. The Tribunal found breach of Principle 6 proved but not Principle 4 (which it held applied only to the provision of legal services, which had been provided appropriately). No express finding of dishonesty was made. Given the fundamental breach of trust with a vulnerable client, the Tribunal ordered him struck off the Roll and to pay agreed costs of £12,000.
Duties found breached:
Aggravating factors:
- Inequality of power between the Respondent and a vulnerable 22-year-old client with known mental health issues
- Misconduct continued over a period of time (a meeting, a weekend meeting watching pornography, and at least two subsequent phone calls)
- Element of planning and foresight in arranging meetings and contemplating photographs and possible sexual activity as payment 'in kind'
- Attempts to conceal the conduct (asking client not to text, not wanting a written record, concerns about others seeing messages)
- Breach of a position of trust; his long experience of criminal defence work exacerbated his culpability
- Motivation was personal benefit
- Failed to notify the SRA when he could have done so
Mitigating factors:
- Previously unblemished long career with no prior disciplinary matters
- High quality and considerable number of testimonials
- Genuine insight and remorse shown
- Client had made recordings knowing they were being made, which may have influenced how conversations developed
- Personal, professional and financial consequences already suffered