Apartner who was dishonest twice within weeks of joining his new firm has failed to persuade a tribunal not to strike him off. Michael Lillywhite, admitted in February 2012 was found by the Solicitors Disciplinary Tribunal to have backdated a probate document to make it appear it was completed two months previously.
He also misled a different client when he sent a draft will to their old address and then assured them he had ‘checked the details, and all seems to be fine’.
Lillywhite argued that these were brief incidents of misconduct where he derived no personal or financial benefit and which occurred during a period of personal and professional stress. The tribunal accepted he experienced ‘significant’ mental health difficulties at the time and was of good character, but, balanced against the nature, scope and extent of the dishonesty, these did not amount to the exceptional circumstances needed to avoid strike-off.
It added: ‘The two dishonest acts occurred within a matter of weeks of each other and in different aspects of the [his] practice. Although the second act was less serious and of short duration, the fact that it followed so soon after the first demonstrated a pattern of conduct in which [he] chose to conceal the true position rather than act with the candour and transparency required of a solicitor.’
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