Anthony Reece Whitwell

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

Anthony Reese Whitwell, a partner at Penningtons Solicitors LLP, drafted the will of an elderly client (Mrs JDB) while in an undisclosed personal relationship with DF, an associate solicitor and significant beneficiary. He then acted as sole executor/trustee and personally exercised a discretion he himself had drafted to appoint £550,000 in cash, jewellery and chattels to DF. When investigated, he repeatedly told material untruths to SRA investigators and via his solicitor, falsely denying responsibility for drafting the Deed of Appointment. The Tribunal, by way of an agreed outcome, found express dishonesty proved on Allegations 3-7 under the Twinsectra test. The SRA withdrew Allegation 8 and the dishonesty elements of Allegations 1 and 2. The Respondent was struck off the Roll and ordered to pay agreed costs of £56,500.

Duties found breached:

• Prosecutorial duty of disclosure
• Not mislead third parties or opponents
• Non-discriminatory acceptance and cab-rank
• No own-interest conflict
• No conflict between current clients
• No improper benefit, loan or bequest

Aggravating factors:

• Exercised sole discretion to enrich a person with whom he was in an undisclosed personal relationship
• Deliberately took steps to take himself beyond the scrutiny of other partners
• Repeatedly lied to SRA investigators about authorship of the Deed of Appointment
• Amended his typed attendance note and discarded the original
• Attempted to blame trainee/colleague (HG) for the document

Mitigating factors:

• No previous disciplinary matters
• Self-reported the matter to the SRA
• Made unconditional admissions including dishonesty
• Cooperated with proceedings and avoided contested hearing
• Poor mental state at the time; expressed shame and remorse