Patrick Adrien Fitzgerald

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

The Respondent, an assistant solicitor, took over a personal injury file where the client had not responded to the firm for nearly two years (unbeknownst to him, she had died). To progress the matter before limitation expired, he covered the original 2014 date on the client's signed Form of Authority with a Post-It note and inserted a new date of 14 July 2016, then sent the amended form to the former employer stating it was the client's signed form of authority. The Tribunal found both allegations proved, including dishonesty under the Ivey test, holding that a belief in retrospective consent was no defence since he knew the document was inaccurate. Breaches of Principles 2 and 6 were found. Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £3,729.

Duties found breached:

• No improper communication with the court
• Act only on proper, lawful instructions
• No conflict between current clients

Aggravating factors:

• Proven dishonesty which the Respondent knew was in material breach of his obligations
• Deliberate amendment and sending of the Form of Authority
• Significant harm to the reputation of the profession

Mitigating factors:

• Single episode in an otherwise unblemished career
• Voluntarily notified the SRA of the police interest in his conduct
• Made full and frank disclosure as to the facts