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Bayezia Djemal

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number7177/1996
Date01/01/1996
OutcomeStrike off

Allegation / charges

Client Money, Solicitors' Accounts Rules

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

SanctionStrike Off
CostsGBP 3,055
Dishonesty foundYes

The respondent, admitted in 1977, misappropriated clients' money totalling £119,228.98 through unallocated round-sum transfers, cash withdrawals, office expenses, and overtransfers from client to office account between January and December 1995, creating a cash shortage of £119,708.82. He admitted the facts, having taken the money to keep his struggling family firm afloat, intending to repay from Legal Aid Board costs. The Tribunal expressly found he had been dishonest, as he took clients' money behind their backs even if intending repayment. He was given credit for full and frank disclosure but was struck off the Roll and ordered to pay costs of £3,054.62.

Duties found breached:

Aggravating factors:

  • Misappropriation of clients' money totalling £119,228.98
  • Money taken behind clients' backs without independent legal advice
  • Prolonged period of improper conduct over many months in 1995
  • Funds used for personal use and office expenses
  • Compensation Fund exposure of approximately £123,336.84
  • Respondent unable to replace the shortage at time of intervention

Mitigating factors:

  • Full and frank disclosure to the Investigation Accountant and Tribunal
  • Co-operation with the investigation
  • No attempt to conceal in the books of account
  • No intention permanently to deprive clients
  • Acted under considerable family and financial pressure
  • Well thought of as a solicitor locally
  • Police decided not to prosecute

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/7177/