Andrew Thomas Benson

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

Solicitor Andrew Thomas Benson fabricated an entire piece of fictitious litigation for client Mr M between October 2010 and December 2013, creating false court orders, judgments, transcripts and correspondence purporting to involve judges and Queen's Counsel. He also caused improper withdrawals totalling £112,908.18 from client account in respect of clients M and E, falsified documents relating to E, and misled the SRA Forensic Investigation Officer in interview. He admitted all four allegations including dishonesty, which the Tribunal found proved. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £39,191.40, not to be enforced without leave save that the SRA could apply for a Charging Order.

Duties found breached:

• Non-discriminatory acceptance and cab-rank
• No conflict between current clients

Aggravating factors:

• Sophisticated and calculated dishonest course of conduct
• Conduct over a lengthy period (October 2010 to December 2013)
• Bizarre lengths to maintain fictitious litigation, including impersonating a QC on a conference call
• Gross breach of trust placed in him by clients and their solicitors
• Misled the SRA Forensic Investigation Officer

Mitigating factors:

• Previously long unblemished record
• Genuine insight and remorse with candid admissions
• Engaged with proceedings and appeared before Tribunal
• Funds repaid to clients
• Misconduct limited to two clients; other cases unaffected
• Excellent testimonials including evidence from James Sturman QC
• Health issues (depression, stress, heavy drinking) which clouded judgement, though did not negate free will
• No personal financial benefit; obtained lowly alternative employment to support family