An experienced in-house solicitor who tried to offer a settlement in return for no complaint being made to the regulator has been rebuked.
James Thomson, a lawyer with the Structadene property group, made six offers in total to the party who had raised concerns about an issue with a sale.
In a decision notice, the Solicitors Regulation Authority said Thomson, admitted in 2000, should have known that he was breaching his regulatory obligations but a more serious sanction was not considered proportionate.
Thomson was acting in the sale of a property, but before completion the purchaser raised an issue about the terms and conditions and specifically about an alleged failure to disclose material information in the sale contract. He also alleged that Thomson and a colleague had acted in breach of SRA principles.
The solicitor notified the purchaser that his client was prepared to rescind the contract of sale. But that proposed settlement included a term that the purchaser agree not to complain to the property ombudsman or to the SRA.
The SRA confirmed there was no evidence of any misconduct in the underlying transaction. But it was found that Thomson breached an SRA principle and the code of conduct.
The regulator found that Thomson’s actions showed a ‘concerning lack of judgement’ and undermined trust and confidence in the profession. A more serious sanction was ruled out on the basis there was no harm caused to the purchaser who was still able to make a complaint. Thomson apologised and the risk of repetition was deemed to be low.
