Rafique Hussain Chowdhury

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

The Respondent, a solicitor admitted in 2005 practising at Gateway Solicitors LLP, created and backdated client care letters on three files to make them look customary when required to produce them to the SRA Forensic Investigation Officer on 9 March 2015. He also failed to return client monies promptly, failed to provide bills of costs before taking payment from client account (resulting in a shortage of £168,383.30 later rectified), and failed to maintain adequate books of account between April 2012 and May 2013. He admitted all allegations save dishonesty. The Tribunal found dishonesty proved using the Twinsectra test, rejecting his 'moment of madness' explanation given the degree of planning (matching dates and inserting costs from bills). Finding no exceptional circumstances, the Tribunal struck him off the Roll and ordered costs of £10,000 (agreed).

Duties found breached:

• Accounting records, reconciliation and reports
• Avoid wasting the court's time
• No taking unfair advantage
• Prompt accounting and return of money
• Proper basis for allegations
• Uphold public trust in the profession

Aggravating factors:

• Conduct was deliberate and calculated to mislead the regulator
• Dishonest conduct repeated on three files
• Evasive in early part of interview with FIO and did not immediately admit conduct
• Accounts breaches occurred over a long period of time

Mitigating factors:

• Previously long unblemished record
• Remedied all accounts breaches once notified
• Dishonest conduct of very short duration/isolated incident
• Apologised showing some insight
• Co-operated with investigation and made a number of admissions
• Was under personal stress at the time
• No financial loss to clients and no breach of trust