Viresh Patel

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

Viresh Patel, a solicitor admitted in 1995, admitted six allegations of professional misconduct including two breaches of undertaking, acting in a conflict of interest, failing to comply with a section 44(B) production order, acting on third party instructions contrary to his client's instructions, and failing to account for interest in breach of the Solicitors' Accounts Rules. No dishonesty was alleged or found. Despite mitigation (ill father, firm financial troubles, no client loss), the Tribunal found he had no proper grasp of his professional responsibilities and posed a high degree of hazard to the public. It concluded suspension was insufficient and struck him off the Roll, ordering him to pay £10,000 in costs.

Duties found breached:

• Account for interest on client money
• Act only on proper, lawful instructions
• Complaints procedure and handling
• Diligence and timeliness
• Honour professional undertakings
• No own-interest conflict

Aggravating factors:

• No proper grasp of professional responsibilities, posing a high degree of hazard to the public
• Gave undertakings without due thought to their appropriateness or his ability to discharge them
• Failed to take steps to protect the party to whom undertaking was given, shrugging off responsibility to equity partners
• Failed to comply with statutory section 44(B) production order
• Failed to consider payment of interest when releasing client funds

Mitigating factors:

• No allegation or finding of dishonesty
• No loss to any client; undertakings ultimately discharged albeit late
• Father seriously ill during relevant period
• Severe pressures and financial problems at the firm DKLL, including HMRC bankruptcy petitions against salaried partners
• Charitable work (fundraising for hospices, board of Indian YMCA Youth Hostel)
• Positive written testimonials attesting to competence and honesty