A disciplinary tribunal is not required to expressly state the standard of proof it applied, particularly where it is a specialist tribunal. When assessing undue delay, the whole period of the retainer should be considered, not just discrete periods of inactivity. A practitioner who continues to hold a retainer must either diligently prosecute the client's interests or firmly sever the professional relationship; a belief that the client has no viable claim does not excuse prolonged inactivity.
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