David Rudolph Heinrich

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

The Solicitors Disciplinary Tribunal found that David Rudolph Heinrich submitted a Notice of Acting to Cardiff County Court in the name of solicitor Gareth Emery, and signed it, without authority and knowing no consultancy arrangement existed. He also prepared a client care letter and held himself out as a consultant at the firm when he knew he was not employed or retained. The Tribunal found these actions dishonest by the Twinsectra test in respect of allegations 1.1 to 1.4. Allegations of misappropriation of client money (1.5) and failure to co-operate with the SRA (1.6) were not proved, though the manner of demanding payment showed a lack of integrity. Given the sustained dishonesty and lack of insight, the Respondent was struck off the Roll and ordered to pay agreed costs of £25,000. His appeal to the High Court was withdrawn.

Duties found breached:

• No abuse of process or coercive powers
• No improper communication with the court
• Act only on proper, lawful instructions
• No conflict between current clients
• Good faith and courtesy to colleagues

Aggravating factors:

• Dishonesty was not an aberration but pursued over a considerable period (several months)
• Misled a court
• Showed no insight into his misconduct
• Was an unreliable and evasive witness

Mitigating factors:

• No previous disciplinary findings
• Apologised for his conduct and threw himself on the mercy of the Tribunal
• Was bankrupt