The law firm at the centre of a BBC investigation which alleges legal and financial malpractice in the firm's use of lasting powers of attorney (LPAs) has self-reported to the Solicitors Regulation Authority. Craybeck Law is also considering legal action over what it said were inaccuracies in the programme, the Gazette can reveal. 

The BBC Radio 4 programme ‘The Willpower Detectives’, first aired yesterday, centred on the record of Craybeck Law partner Ron Hiller. The firm is an alternative business structure based in Benfleet Essex. Hiller is not a lawyer.

Journalist Sue Mitchell wrote on BBC Online: ‘We investigated 30 cases involving Mr Hiller and his firm, Craybeck Law, and found a disturbing pattern of events: people found they had no access to their bank accounts and no idea how much Mr Hiller was charging for being their attorney; large amounts of cash were withdrawn without a reasonable explanation; properties were sold for what owners and others considered was lower than market value, and possessions were cleared and disposed of without owners’ knowledge or informed consent.’

The firm denies the allegations and in a statement on its website said it ‘has been featured in a highly misleading and inaccurate way’. It said it could not respond to specific allegations without breaching client confidentiality. ‘Much of what has been put to us is inaccurate and is based on second- or third-hand hearsay,’ the statement said.

Responding to questions from the Gazette a spokesperson said that the firm was not aware of any ongoing SRA inquiry. They added: ‘Given the nature of the allegations made by the BBC, although we do not accept them and have not been able to respond due to our professional obligations in relation to client confidentiality, we have reported this matter to the SRA.’

The firm’s COLP, partner and solicitor Alain Bornstein, has reviewed Hiller’s case files following the allegations, the Gazette was told. Asked if the firm is taking legal action against the BBC or Miller, the spokesperson said: ‘We have engaged with solicitors to advise us in this respect.’

The BBC programme will reignite debate about LPA protections. LPAs are signed by the donor in the presence of a witness. Crucially, a certificate provider (CP), who can be anyone who has known the donor for two years or has ‘professional expertise’, signs to confirm that in their view the person fully understands the document. 

Melinda Giles, head of private client at Giles Wilson and a Law Society Council member, said that the Ministry of Justice and the Office of the Public Guardian missed an opportunity to strengthen client protections through its process ‘Modernising LPAs’, begun in 2021. ‘Those of us meeting with the OPG and MoJ on the Modernisation of LPAs have been stressing the importance of safeguards at the times these documents are made,’ she said.  ‘We have argued that most CPs do not read the guidance and understand the importance of their function,’ Giles said. ‘It is easy for an LPA to be signed by someone who does not understand it. If a “perpetrator” sticks it under their nose, it just needs a willing CP for whom thus far there has been no accountability.’

A Ministry of Justice spokesperson said: ‘There are now more than eight million enduring and lasting powers of attorney. Breaches of trust are extremely rare but we investigate any concerns thoroughly and take robust action if needed.’

 

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