Decision record
Richard Gregory Barca
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Richard Gregory Barca, an experienced solicitor, admitted three allegations: acting in an own interest conflict by loaning his vulnerable client Mrs JWB £27,000 at 60% annual interest secured by charge over her home (ultimately benefiting over £49,000 and taking unfair advantage); making a misleading claim in a witness statement served in litigation; and acting for Mr K in litigation on a third party's instructions without confirming with Mr K. An allegation of dishonesty was withdrawn by the Applicant; the Tribunal found lack of integrity but made no finding of dishonesty. The Tribunal found culpability high on allegations 1.1 and 1.3 and low on 1.2. It imposed a fine of £20,000 and ordered agreed costs of £26,000.
Duties found breached:
- No taking unfair advantage
- Not mislead third parties or opponents
- Non-discriminatory acceptance and cab-rank
- No acting against a former client
- No conflict between current clients
- Good faith and courtesy to colleagues
Aggravating factors:
- Conduct in relation to Mrs JWB continued for almost 2 years with continued benefit from 60% interest
- Client was vulnerable and at risk of losing her home and livelihood
- Respondent benefited by over £49,000 in interest without ensuring independent legal advice
- Failure to deal promptly with correspondence from R Solicitors causing unnecessary costs
- Ought reasonably to have known conduct breached obligations to protect public and reputation of profession
- Previous appearance before Tribunal on 28 May 2015 (Reprimand, costs £2,600) also for breach of Principle 6
Mitigating factors:
- Respondent was wholly contrite
- Number of good character references
- Cooperated with regulator and proceedings
- Made admissions
- Motivated in part by desire to help Mrs JWB keep her home
- Misleading witness statement was a careless mistake, not deliberate; genuinely believed authority existed to act for Mr K
Duties engaged
- Overriding duty to the court
- Honesty
- Integrity
- Professional independence
- No taking unfair advantage
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Advise objectively, not a mere conduit
- Non-discriminatory acceptance and cab-rank
- No acting against a former client
- No own-interest conflict
- No conflict between current clients
- Good faith and courtesy to colleagues
- Serve justice and improve the law
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