The Tribunal’s decision dated 29 July 2025 is subject to appeal to the High Court (Administrative Court) by the Respondent. The Order remains in force pending the High Court’s decision on the appeal.

This case concerned a solicitor who acted in the transfer of an elderly and vulnerable client’s sole residence to a neighbour for nil consideration. The Respondent acted for both the donor and the recipient in the transaction. The Respondent failed to conduct an adequate assessment of the donor’s capacity, and charged a fee significantly in excess of the firm’s standard rates. The Respondent admitted all allegations including failure to maintain accurate client account records and the improper receipt of client money into his personal account. He disputed any failure to assess the client’s mental capacity, which was the main subject of substantive dispute and the focus of the substantive hearing.

The Tribunal found that the Respondent had failed to apply the correct legal and professional framework when considering his client’s capacity to give instructions. Despite recognising the need for caution—reflected in his own reasoning for charging an elevated fee—the Respondent failed to undertake a structured assessment or to obtain expert input to assess his client’s capacity. He did not consider whether a Lasting Power of Attorney was in place, nor did he take steps to safeguard the client’s continued occupation of the property following the proposed transfer.

The Tribunal was satisfied on the balance of probabilities that the conduct admitted and found to be proved amounted to breaches of the SRA Principles and Codes of Conduct and involved a failure to uphold integrity and to act in the best interests of clients.

Having considered the aggravating features alongside the mitigation advanced by the Respondent, the Tribunal determined that a suspension from practice for a period of nine months was the appropriate and proportionate sanction.