Stewart Stocker

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

The Respondent, a solicitor admitted in 2008, acted for borrowers Mrs F and Mr A in a £945,000 loan/mortgage transaction. On 10 January 2017 he sent an identity certificate of satisfaction, loan facility letter and legal mortgage to the lender's solicitors (J Solicitors) confirming that Mrs F had signed the documents in his presence, when in fact she was in Nigeria and never attended. He also certified that he had witnessed and advised each borrower separately and independently, which was untrue, and he told the lender's solicitor by telephone that both clients had attended his office in person. He later admitted to the lender's representatives that he had lied. The Tribunal found allegations 1.1.1, 1.1.2 and 1.2 proved (breaches of Principles 2 and 6) and, applying the Ivey test, found dishonesty proved. The hearing proceeded in the Respondent's absence. He was struck off the Roll and ordered to pay costs of £4,980.

Duties found breached:

• Integrity
• Uphold public trust in the profession

Aggravating factors:

• Dishonesty proved
• Repeated misconduct - false attestation on three documents then misleading J Solicitors
• Concealment of wrongdoing
• Ought reasonably to have known conduct breached obligations to protect the public and reputation of profession

Mitigating factors:

• Previously unblemished career/clear record
• Misconduct related to one transaction only
• Some insight - admitted wrongdoing to Mr SM and arranged re-execution of documents
• Spontaneous rather than planned misconduct
• Motivation was to complete transaction for existing clients in time