Andrew Robert Walker Miller & Eileen Wingate Morrison

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

The First Named Respondent, a solicitor working under supervision on a restricted practising certificate, forged the signature of co-executor Stephen Lamont on five withdrawal forms while administering an estate, uttered them as genuine to financial institutions and falsely witnessed one forged signature. The Tribunal made an express finding of dishonesty and struck him off the Roll of Solicitors. The Second Named Respondent, his employer, was found guilty of professional misconduct for failing to adequately supervise him and was censured. Expenses were apportioned 75% to the First Respondent and 25% to the Second, and publicity was ordered.

Duties found breached:

• Handle inadvertently received material
• No improper use of client money
• Supervise staff and delegated work

Aggravating factors:

• Deliberate forgery on five separate occasions
• Conduct amounted to criminal behaviour, disgraceful and dishonourable
• No attempt made to contact co-executor Mr Lamont, apparently to avoid losing the business

Mitigating factors:

• No financial loss to the estate
• No personal financial gain to the First Respondent
• Entered into Joint Minute admitting facts and cooperated from an early stage
• Matter had been outstanding for some time
• Second Respondent placed in difficult situation supervising a former senior partner
• Second Respondent unaware Mr Lamont was executor and had no reason to suspect forgery
• Second Respondent now working competently as an assistant with no likelihood of recurrence