The Respondent was a partner in a firm of solicitors and as fee earner was instructed by clients Dr A and Mrs A in a claim against a real estate development company concerning their option agreement for a number of plots of land and issues relating to their holiday lodge.

The allegations were that the Respondent misled the clients in respect of their claim against the company. Firstly, it was alleged he informed by them by email on 2 May 2018 that he had lodged a claim in court which he knew was untrue. Secondly, it was alleged that on 11 February 2019 by email informed them that he had resubmitted the claim which also he knew was untrue. Lastly, it was alleged that between May 2018 and April 2020 he had created a misleading impression that he had filed the proceedings when he had not done so.

The Respondent denied the allegations stating that he did not intend to convey by the words used in his emails on each occasion that he had lodged the claim or resubmitted the claim. He denied creating a misleading impression that he had issued proceedings when he had not done so. He stated that even though he would have instructed a member of the team to file the proceedings, this had not been done and he had only discovered this in January 2020.

The Tribunal rejected the Respondent’s explanation and found all of the allegations proved.