Mohammed Aamer Anwar

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Law Society complained that paragraph 8 of the Respondent's standard Terms of Business purported to exclude the client's right to taxation by the Auditor of Court and to complain to the SLCC/Law Society. On a plain reading the clause did so, and the Tribunal found a breach of Rule B1.9.1 (effective communication). However, accepting the Respondent's credible evidence that he intended only to protect his hourly rate, that he never invoked the clause and that he reminded the client of her right to taxation, the Tribunal found the conduct an honest, careless mistake that did not meet the Sharp test for professional misconduct. It found no breach of Rules B1.2 (honesty/integrity), B1.3, B1.4.2, or B4.2(e)/(f). The conduct also fell just short of unsatisfactory professional conduct, so the Complaint was not remitted under s53ZA. Respondent found not guilty; no expenses awarded to either party; publicity ordered naming the Respondent only.

Duties found breached:

• No improper communication with the court

Mitigating factors:

• Respondent was a credible witness; honest mistake/careless wording only intended to protect hourly rate
• Did not attempt to use the clause to prevent the Secondary Complainer from complaining to the SLCC
• His solicitor flagged the right to have the fee reviewed by taxation
• Terms of Business signposted the client to the SLCC and invited consultation with another solicitor
• No prejudice to the Secondary Complainer