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So many commentators seem to think that the issue is black and white when it is not. Supposing my client who I last represented 15 years ago when he had a bout of mental illness causing him to be detained under the Mental Health Act and who I have remained in contact with and has become a multi millionaire offers to pay off a debt that I have incurred of £5000. I say no I could not possibly accept this money. He insists saying if it makes me feel better I am to consider it a loan. I accept it as a loan fully intending to pay it back but do not tell him to seek independent legal advise, is that a breach of the rules and if it is should it be actioned by the SRA? And what if it was Jimmy who is homeless and whom I represented when he was detained under the Mental Health Act 6 months ago and has come into an inheritance of £30,000 from his mother who raised him as a single parent. Should I take Jimmy's money on the basis that I fully intend to pay him back and I did advise him to seek independent legal advice, which he chose not to do. I would hope that most of us would not take Jimmy's money. The rules are there to protect the vulnerable and to stop us from abusing our position. A breach may be indicative of abuse but it does no mean that abuse has taken place. The Tribunal appears to have concluded having heard all the evidence including from those who had met the testator/ known her that the solicitor did not abuse his position.

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