Decision record
Robert Ian Cartmell
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Robert Ian Cartmell, an experienced solicitor and managing director of Cartmell & Co Ltd, admitted asking staff to witness signatures on 24 deeds and 9 Wills when clients were not present, and permitting a certificate provider to sign LPA declarations she could not properly make (Allegation 1.1). The Tribunal found this conduct dishonest under the Ivey test, as knowingly creating misleading documents purporting to be validly executed. Allegation 1.2 (conflict of interest regarding the AS Trust) was also proved. Allegation 1.3 (materially untrue statement of fact) was not proved as the two statements were not materially inconsistent. Allegation 1.4 (delay in registering severance notices) was not proved as it amounted to negligence rather than misconduct. The Tribunal found the misconduct at the highest level with no exceptional circumstances and ordered the Respondent struck off the Roll and to pay costs of £17,500. His subsequent High Court appeal was dismissed by consent.
Duties found breached:
- Integrity
- Uphold public trust in the profession
- Act in the client's best interests
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
Aggravating factors:
- Finding of dishonesty
- Misconduct deliberate, calculated and repeated on more than 30 occasions over two years
- Position of responsibility towards junior staff and clients
- Involved junior staff, potentially jeopardising their careers
- Knew or ought to have known conduct was a material breach of professional obligations
Mitigating factors:
- Previously unblemished career
- Some insight demonstrated in mitigation
- Co-operated with SRA and made some admissions
- Positive character references
- No financial gain to the Respondent
- No actual loss caused to clients
Duties engaged
- Honesty
- Integrity
- Professional independence
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients