Robert Henry Foster

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

Robert Henry Foster, an experienced solicitor specialising in wills and probate, prepared an Enduring Power of Attorney for an elderly client (BR) in October/November 2010 but backdated it to 6 November 2003 and falsely witnessed the signatures as if executed in 2003, since EPAs could no longer be validly created after October 2007. He also failed to advise the client the document was invalid. He admitted both allegations including dishonesty, which the Tribunal found proved beyond reasonable doubt under the Ivey test. Despite arguing the conduct was altruistic and fell within the residual category of exceptional circumstances (relying on Burrowes), the Tribunal distinguished that case, found the conduct deliberate and planned rather than a moment of madness, and held there were no exceptional circumstances. The Respondent was struck off the Roll and ordered to pay agreed costs of £7,942.

Duties found breached:

• Cease acting on client perjury or disobedience
• Not misrepresent regulated status

Aggravating factors:

• Proven dishonesty in material breach of obligation to protect public and maintain confidence in the profession
• Deliberate and planned conduct involving consideration of an appropriate backdated date and different witnessing methods
• Acted in breach of a position of trust toward an elderly, vulnerable client
• Conduct instigated by the Respondent of his own volition, not requested by the client
• Caused distress and consternation to AP and detriment to BR's estate (necessitating Deputyship application)
• Previous disciplinary matter (2008 conviction for possessing an offensive weapon) demonstrating lack of good judgement

Mitigating factors:

• No personal financial gain; altruistic motive to help vulnerable client avoid LPA costs
• Reimbursed BR's estate for the legal fees incurred
• Open and frank admissions at an early stage and full cooperation with the SRA
• Some insight into his conduct demonstrated
• Single course of conduct over a short period
• Numerous testimonials attesting to probity and integrity over 40 years of practice