A solicitor who told another lawyer 'you are one step closer to your grave' has been struck off for serious misconduct.
Alvin Gilbert Just, admitted in 2008, had been instructed by a vulnerable widow to apply for letters of administration relating to her husband’s estate, the Solicitors Disciplinary Tribunal heard. His client became involved in a dispute at Central London County Court with her own daughter over the validity of two separate wills.
The daughter was represented by barrister Philip Noble who, after the case, raised concerns with the Solicitors Regulation Authority over emails he had received from Just containing 'inappropriate and unprofessional comments', the tribunal heard.
'You remind off a Grade 7 bully I had to slam to the ground', one email stated (sic): 'I know you will so died and go to dust Mr Noble so keep doing what you are doing you are just fading away one step closer to your grave. I will not lose any sleep for your nonsense, as I know the plagues will fall on you just like Pharaoh.'
Noble said his client also received email messages from Just, a partner at Just & Brown Solicitors, on the same day. They read: 'I really do not give a damn what you do or say, as I got somebody with me that will bring both you and Mr Noble to your knees. All I can say to you be careful when you think that you are standing you are actually falling. Your judgement is coming soon beware, and it will not be an easy one, the Most High knows that.'
Louise Culleton, for the SRA, told the tribunal that the emails were 'aggressive and threatening'. The tribunal disagreed, instread finding them 'inappropriate'.
In a judgment published this week, the tribunal said: 'Even in the context of hostile litigation, members of the public would expect solicitors to be robust, but temperate in the language they used when communicating with the other side. That expectation was even higher when those communications were with the lay client.'
Finding that Just had 'failed to co-operate with the SRA during its investigation' and 'deliberately withheld information and misled the SRA in a number of material matters', the tribunal ordered a strike-off. He was ordered to pay costs of £41,896.20.