David George Robertson

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

The Respondent allowed a client's reparation claim to become time barred, then took £10,000 from another client's (Mrs A's) funds without consent to pay Mrs B, falsely telling her it was settlement of her claim. He also prepared a Will for client Miss C that left him a £5,000 legacy. A Joint Minute admitted the facts and professional misconduct. The Tribunal found professional misconduct on all three matters and struck the Respondent off the Roll. The Tribunal accepted no undue influence over Miss C. Although the Tribunal described the conduct as embezzlement and breach of trust, it made no express finding of dishonesty.

Duties found breached:

• Proper basis for allegations
• No improper benefit, loan or bequest
• No improper use of client money

Aggravating factors:

• Misappropriation of client funds only discovered when partners examined the file
• Breach of trust of a vulnerable elderly client

Mitigating factors:

• Respondent appeared and explained circumstances
• Full cooperation with the Law Society and entered into a Joint Minute
• Personal difficulties at the time including a friend's suicide, marital strain and ill health
• Did not exert undue influence over Miss C and had no intention of taking the legacy
• Expressed shame and apology