The Solicitors Regulation Authority has rebuked a solicitor after it was discovered that they had been gifted a sum of money in a will they themselves had drafted.

At the time of the misconduct, the solicitor worked for a midlands law firm from which he has since retired. The SRA has since revealed that the solicitor was left a sum of £22,727 by his own client.

Though the solicitor disclaimed this, it was discovered by the regulator that the client did not receive independent legal advice, nor were they advised to seek out any such advice. 

The SRA also discovered that the gifted sum of money had not been disclosed to the firm’s compliance officer. It also hadn’t been disclosed to any of the firms’ directors, neither at the time it was drafted nor at the time it was executed.

The SRA found the solicitor to be in breach of the code of acting where there was a potential risk of conflict and commented that, as an experienced solicitor, they had a responsibility to ensure their conduct was in keeping with its regulations.

Acknowledging the law breach, the regulator further stated that public sanction was warranted in order to maintain standards.

In consideration of the fact the solicitor had retired from practice, a rebuke was deemed to be appropriate, as there was reportedly no resulting harm to clients. The SRA also affirmed there had been no financial gain from the misconduct, and that the solicitor had not acted with the intention to breach any regulatory obligations, neither were there allegations of lack of integrity, or dishonesty.

Source: here

Advice for Law Firms

Be aware that SRA guidance states that if a solicitor is drafting a will where the client has made a substantial gift to them, they should ensure the client has first taken independent legal advice.

Remember: the code of conduct requires solicitors to refrain from proceeding in dealings where there is any interest conflict or a substantial risk of an own interest conflict. In situations like this, solicitors should stop acting immediately if the client refrains from taking independent legal advice.

Related Articles

Find more articles on law firm advice, see below:

• The SRA Updates Transparency Rule Resources
• Guidance on Residual Client Account Balances
• Guidance on Complaints Concerning Legal Costs

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