SDT fines solicitor £20,000 after conflicts of interest cause huge losses to vulnerable client
A solicitor with more than 40 years in practice has been fined £20,000 after the Solicitors Disciplinary Tribunal (SDT) found that his failures allowed a vulnerable client to suffer losses of nearly £385,000 in property transactions.
Andrew John Chatterton, admitted to the Roll in 1981, worked at Foys Solicitors in Doncaster until his retirement in 2021. Despite stepping down, his name remains on the Roll, and he was brought before the tribunal after the Solicitors Regulation Authority (SRA) pursued allegations of serious misconduct.
The case centred on transactions carried out between July 2015 and May 2016, when Mr Chatterton acted on instructions from two attorneys appointed under a lasting power of attorney (LPA) to manage the affairs of an elderly and vulnerable client, referred to as Client A.
The tribunal heard that one attorney, Client B, instructed Mr Chatterton to use £614,899 of Client A’s funds to purchase four properties in Doncaster. Instead of being registered solely in Client A’s name, the properties were placed in joint ownership with Client B as tenants in common. As a result, Client A immediately lost half the value of those properties — a financial loss calculated at £307,449.50.
Embed from Getty ImagesIn a similar arrangement, Client C, also appointed as an attorney, instructed Mr Chatterton to use £155,000 of Client A’s money to purchase another property. This too was registered in joint names, with half the interest handed to Client C, causing an additional loss of £77,500.
Overall, the tribunal found that Mr Chatterton’s conduct led to a total financial loss of £384,949.50 for Client A.
The panel said the solicitor failed to recognise clear conflicts of interest and ignored the significant risk that Client A’s funds were being misused. No checks were carried out to confirm Client A’s wishes or to assess whether the transactions were in her best interests. Instead, instructions from the attorneys were accepted at face value.
The wrongdoing only came to light after the Office of the Public Guardian (OPG) received an anonymous tip that the attorneys were living beyond their means. An investigation followed, and the Court of Protection removed both attorneys in 2019, appointing a professional deputy to manage Client A’s affairs.
Client A later died in 2020, with both attorneys remaining as beneficiaries of her estate.
Before the SDT, Mr Chatterton admitted all allegations. He accepted that he should have identified conflicts of interest, recognised the transactions as gifts, and ensured Client A received independent legal advice. He told investigators that he had believed the attorneys were acting in good faith and claimed he had been deceived, but acknowledged his lack of vigilance.
In mitigation, Mr Chatterton pointed to his long career without previous disciplinary issues, his cooperation with the SRA’s investigation, his retirement from practice, and his remorse for the failings.
The tribunal, however, noted aggravating features: the misconduct spanned multiple transactions, involved substantial sums, and posed significant risks to a vulnerable client. It found the conduct to be “very serious” under its sanction guidance, falling within Fine Band Level 4.
The agreed outcome between the SRA and Mr Chatterton was accepted, and the tribunal ordered him to pay a £20,000 fine and £4,496 in costs.
While the SDT recognised that he had not personally profited beyond ordinary fees, it stressed that his failure to act with independence and care undermined public trust in the legal profession.
The ruling adds to a growing number of disciplinary actions where solicitors are penalised not for deliberate fraud but for failing to prevent harm to vulnerable clients. The tribunal’s decision underscores that even experienced practitioners will face severe consequences when lapses in judgment result in major financial loss.