Decision record
Malcolm Lewis Macdonald
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number6990/1995
Date01/01/1995
OutcomeStrike off
Allegation / charges
Criminal Convictions
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 852
Dishonesty foundYes
The respondent, admitted 1984, was convicted at Newport Crown Court of conspiracy to defraud a financial institution and sentenced to 15 months imprisonment suspended for two years. Though initially an innocent participant, he continued to act for a fraudulent client knowing of the dishonest scheme. The Tribunal found the allegation of conduct unbefitting a solicitor substantiated, ordered him struck off the Roll and to pay costs of £851.87.
Duties found breached:
Aggravating factors:
- Continued to act for a dishonest client knowing of the fraud
- Conviction for serious offence attracting custodial sentence (15 months suspended)
- Misconduct at top end of scale of seriousness
Mitigating factors:
- Young and relatively inexperienced solicitor drawn into fraud by dominant confidence trickster client
- No personal interest or gain; himself a victim who lost £10,000 of family money
- No client account monies involved
- Behaved properly towards profession and professional body when matters came to light
- Personal difficulties including marriage breakdown and loss of employment
- Positive character reference from former employer