Decision record
Martin Smith
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12601/2024
Date13/12/2024
OutcomeStrike off
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 10,000
Dishonesty foundYes
Respondent solicitor missed a statutory deadline to serve a Counternotice, then created and sent a backdated letter and Counternotice (falsely dated 3 January 2023) and made misleading representations to opposing solicitors about when documents were posted. He admitted all four allegations including dishonesty. The Tribunal found dishonesty and, absent exceptional circumstances, struck him off the Roll and ordered £10,000 costs.
Duties found breached:
Aggravating factors:
- Dishonesty to conceal a missed deadline
- Continued dishonest conduct over several days
- Failed to inform clients and firm of the failure
- Adverse impact on clients' negotiating position and detriment to DKLM's client
Mitigating factors:
- Admitted all allegations and breaches
- Cooperated via Agreed Outcome
Codes & rules applied
Duties engaged
- No improper communication with the court
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly
- Handle inadvertently received material
- Competence
- Diligence and timeliness