(unnamed respondent)

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

Mr Anthony Smith, a non-solicitor fee earner previously subject to a section 43 order (made 27 September 2017, upheld on appeal 11 December 2017), applied to the SDT to review and remove that order. The order arose from findings that, while acting as attorney for a vulnerable married couple (Mr and Mrs B), he transferred £100,000 of Mr B's money (£20,000 sale proceeds and £80,000 from Mr B's personal account) to Mrs B, favouring one client over another and failing to protect client money, breaching Principles 2, 4, 6 and 10. The SRA had not pursued honesty allegations, so dishonesty was not in issue. Conducting a review under the Arslan principles, the Tribunal found the Adjudication Panel's findings were not unreasonable, that Mr Smith misunderstood the issues (his motives being irrelevant to professional conduct), and that he lacked insight. The application was dismissed and he was ordered to pay costs of £2,942.95.

Duties found breached:

• Integrity
• Uphold public trust in the profession
• Act in the client's best interests
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Continued failure to recognise his conduct had been wrong and lack of insight
• Sought and accepted employment with solicitor firms without disclosing the section 43 order, leading to criminal convictions for seven offences under s.44 of the Act (fined £500 per offence, total £3,500, plus £170 victim surcharge)

Mitigating factors:

• Showed some insight regarding the conflict of interest and acknowledged he should not have acted as attorney for both clients