Mark Victor Michie

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

The Respondent, a corporate solicitor, sent clients (partners seeking to dissolve their firm and remove a partner) an email setting out 'strategy 2' / a 'to do list' advising them to collect and destroy/remove client lists and marketing databases, take the will box off the premises before dissolution, and remove client files without mandates while acknowledging mandates were strictly required. The Tribunal found this amounted to advice to carry out acts tantamount to theft, in clear breach of Law Society mandate guidance and contrary to the profession's ethical standards. The Respondent pled guilty to professional misconduct. Applying the Sharp test, the Tribunal found no practitioner exercising reasonable care would have given such advice. The Tribunal noted the advice could have seriously harmed Guild & Guild and Mrs Watt, though actual client inconvenience was minimal due to the other solicitors' quick remedial action. Finding the Respondent showed no real insight and demonstrated a willingness to encourage others to ignore the law for commercial gain, the Tribunal concluded he was not a fit and proper person to remain a solicitor and ordered him struck off, liable for expenses, with publicity deferred. No express finding of dishonesty was made (conduct described as 'tantamount to theft').

Duties found breached:

• No taking unfair advantage
• Not misrepresent regulated status

Aggravating factors:

• Seriously flawed advice from an experienced solicitor
• Advice tantamount to encouraging clients to commit acts tantamount to theft
• Demonstrated willingness to encourage other professionals to ignore the law and professional rules for commercial gain
• Respondent had months to reflect but never changed the advice
• Lack of real insight into the seriousness of the failures
• Potential for large numbers of clients to be put at risk

Mitigating factors:

• Pled guilty / tendered plea of guilty
• Apologetic and contrite
• Greatly affected by these and divorce proceedings; personal distress
• Resigned from his firm in January 2009 and has not practised since
• Modest income from family business and financial impact of divorce
• Actual inconvenience to clients was minimal due to remedial action by others