British solicitor struck off for exploiting elderly clients
Publish date: 27 September 2019
Issue Number: 91
Diary: CompliNEWS
Category: Delict
Legalbrief Today Issue 4789
A British solicitor who was gifted more than £400 000 by clients in their wills without them being given independent advice has been struck off. According to a Law Gazette report, the Solicitors Disciplinary Tribunal (SDT) heard that Jonathan Leslie Horner, a former partner at Sussex Law Limited, was left a legacy by 10 clients over a period of four years, gifted either to him personally or his children. In each case, clients were either given advice about their options by a paralegal who had previously worked as his secretary, given advice retrospectively, or not given advice at all. Each of the clients affected was vulnerable with few or no surviving relatives and many have subsequently died. Horner, who had more than 10 years’ experience as a solicitor and acted in the preparation of at least 3 500 wills, was motivated by personal gain, the tribunal concluded. Its judgment said: ‘In assessing the harm caused, the Tribunal found that the respondent had massively damaged the reputation of the profession by preying on vulnerable clients and abusing his position.’ Horner was found to have been dealing with potentially vulnerable clients and was under a duty to exercise ‘considerable caution’ when dealing with their matters. In his mitigation, Horner advanced that he had shown considerable insight and had a previously unblemished record, but the reality was he had been found to be dishonest and could cite no exceptional circumstances to avoid a strike-off. He must also pay SRA costs of £56 381.