A solicitor has been formally reprimanded by the Solicitors Disciplinary Tribunal (SDT) after failing to provide a client with sufficient information and written advice while acting in a residential property transfer during the COVID-19 pandemic.
Mark Feely, a partner at Stevenage-based firm David Barney & Co who was admitted as a solicitor in 2002, was found to have breached his professional obligations by failing to adequately explain the terms of his retainer, client care arrangements, and the legal implications of the transaction.
The disciplinary proceedings centred on a single conveyancing matter involving the transfer of property. The tribunal concluded that although Mr Feely had confirmed his instructions and provided some verbal advice to the client, he did not provide the detailed written information and guidance expected under professional standards.
The SDT found that there was insufficient evidence to demonstrate that the client had received comprehensive written advice explaining the nature and effect of the property transfer or the firm’s client care arrangements. In the absence of detailed attendance notes or follow-up correspondence, the tribunal determined that the information provided fell below the standard required of a solicitor.
A second allegation, which claimed that Mr Feely had accepted instructions through the client’s son, who was the transferee in the transaction, was dismissed after the tribunal found the evidence did not support the allegation.
In its decision, the tribunal noted that the misconduct was confined to a single conveyancing transaction that took place during the exceptional circumstances of the COVID-19 pandemic. It also recognised that there had been no repeat of the failings since the incident.
The tribunal further took into account Mr Feely’s previously unblemished disciplinary record, his full cooperation throughout the investigation, and his willingness to acknowledge the shortcomings in his handling of the matter. The panel accepted that he had demonstrated genuine insight into his mistakes and had taken responsibility for his actions.
Having considered both the seriousness of the misconduct and the mitigating factors, the Solicitors Disciplinary Tribunal concluded that a formal reprimand was the appropriate and proportionate sanction.
The tribunal also rejected the Solicitors Regulation Authority’s application to recover more than £40,000 in legal costs. Instead, it ordered Mr Feely to contribute £6,000 towards the proceedings.
The decision serves as a reminder of the importance of maintaining clear client communication and comprehensive written records throughout conveyancing transactions. Solicitors are expected to ensure clients fully understand the scope of their instructions, the advice being provided, and the legal consequences of any property transaction, even where work is carried out under challenging circumstances.
