Robert Harvey Greenfield and James Smithson

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

Two partners of Smithson Greenfield & Co faced multiple allegations of conduct unbefitting a solicitor. The Tribunal found Mr Greenfield produced letters to the Law Society's Investigation Accountant with intent to mislead, and both Respondents failed to maintain indemnity insurance, comply with three County Court orders, and reply to OSS correspondence; Mr Smithson practised in breach of a Practising Certificate condition. Given these findings, coupled with earlier serious findings against both in 2001, both Respondents were struck off the Roll and ordered to pay costs jointly and severally.

Duties found breached:

• Comply with and respect court orders
• No conflict between current clients
• Handle inadvertently received material
• Hold a current practising certificate
• No baseless or threatened misconduct report

Aggravating factors:

• Earlier serious findings substantiated against both Respondents in November 2001
• Mr Greenfield took no part in the proceedings and made no admissions
• Pattern of repeated failures damaging the reputation of the profession

Mitigating factors:

• Mr Smithson made admissions to allegations (i), (iv), (v), (vi) and (vii) and co-operated to that extent
• Mr Smithson cited depression and alcoholism and left day-to-day running of the practice to Mr Greenfield
• Both Respondents had been adjudicated bankrupt in November 2002