A solicitor has been struck off for watching porn with a vulnerable client and asking her to pose topless to pay her bill.

In 2013, 60-year-old Tony Dart was instructed by a 22-year-old woman named only as 'Ms BC' in proceedings after she was arrested for allegedly sending a threatening letter to her GP. Dart, who ran his own firm in Barnstaple, Devon, advised her to accept a caution, which she did. But Ms BC claimed she was unhappy with the outcome and declined to pay the £250 bill.

A telephone call recorded by Ms BC revealed that Dart suggested she settle the debt "in kind" and come to his office on Saturday when "there shouldn't be anybody around". When she suggested a hotel, the money-conscious solicitor said, "well it's an additional bill isn't it", and insisted, "let's just go with the photos shall we" and "see how it goes". Telling her, "it could be fun and lead on to, you now, bigger and better things", he said, "I'm sure we could think of come bright ideas where I might end up owing you some money...if you can come in and have a chat with me about it, then we can talk about, you know, the mechanics, the logistics".

    How it might have looked 

In his statement given to the Solicitors Disciplinary Tribunal, Dart admitted to an unorthodox meeting that weekend:



Next Saturday brought another odd meeting. Dart said that Ms BC suggested a second photo-shoot in which she would model "various outfits she had collected". He claimed that he insisted he "would prefer the cash", but somehow the discussion evolved into the pair watching pornography together on his computer:



Married Dart said he subsequently asked Ms BC not to text him explicit messages in case his wife found out. He also admitted throwing his second phone in a river, but claimed that it was not to conceal evidence but because he realised, "I had not been sensible", and wanted to terminate further contact.

In mitigation, Dart said his behaviour was "unbecoming" and "certainly stupid", and that now everyone in Barnstaple knew him as the pervy lawyer. However, he denied failing to act in the best interests of his client, on the basis that all the legal matters were conducted competently. It was only at the billing stage that he got unacceptably horny. 

The SDT agreed, but still struck him off for his admitted failure to maintain public trust in the profession. It noted that Ms BC had recently been diagnosed with bi-polar disorder and epilepsy, which Dart knew, and that at no point had he attempted to stop the nude photo plans. Instead, he was "completely complicit" in escalating them. Dart was ordered to pay £12,000 costs, via the medium of tasteful underwear shots.


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Comments

Roll On Friday 09 December 16 10:20

Strike off seems a bit harsh although all this throwing second phone into river stuff is interesting. He should never have got embroiled in any of this. He was old enough to know much better.

Anonymous 09 December 16 14:28

"...and went onto a website which contained adult porn..." Seems an odd turn of phrase...

Anonymous 09 December 16 16:43

@Lydia Striking off a solicitor who asked their client to remunerate them with nude photos is "harsh"?