Robert Harvey Greenfield and James Smithson

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

Two partners of Smithson Greenfield & Co faced allegations of conduct unbefitting a solicitor. The Tribunal found Greenfield had produced letters to the Law Society's Investigation Accountant with intent to mislead (an express finding of intent to mislead). Both failed to pay indemnity premiums, comply with three county court orders, and reply to OSS correspondence; Smithson practised in breach of a practising certificate condition. Given the seriousness of these findings coupled with earlier 2001 disciplinary findings, both were struck off the Roll and ordered to pay costs of £3,880.48 plus the Applicant's costs on a joint and several basis.

Duties found breached:

• No improper communication with the court
• Comply with and respect court orders
• Handle inadvertently received material
• Professional indemnity insurance
• Hold a current practising certificate
• Report serious misconduct of others

Aggravating factors:

• Prior disciplinary findings in November 2001 (with £5,000 fines each)
• Non-co-operation with the disciplinary proceedings (particularly by Greenfield)
• Greenfield's intent to mislead the Law Society's Investigation Officer
• Repeated failures to comply with multiple court orders

Mitigating factors:

• Smithson made admissions and co-operated to that extent
• Smithson suffered from depression and alcoholism affecting his personal life
• Both Respondents adjudicated bankrupt in November 2002
• Smithson left the day to day running of the practice to Greenfield