Decision record
Rafique Hussain Chowdhury
Allegation / charges
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor since 2005 and COLP/COFA of Gateway Solicitors LLP, created three client care letters and backdated them to the start of the retainer in order to make them appear customary when required to produce files to the SRA Forensic Investigator on 9 March 2015. The Tribunal found this conduct dishonest under the Twinsectra test, rejecting his 'moment of madness' defence, noting planning and evasiveness. He also admitted Accounts Rules breaches (failing to return client monies, failing to send bills before taking costs, and failing to maintain books of account). Finding dishonesty proved and no exceptional circumstances, the Tribunal struck him off the Roll and ordered him to pay £10,000 costs.
Duties found breached:
- Integrity
- Uphold public trust in the profession
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
Aggravating factors:
- Conduct was deliberate and calculated to mislead the regulator
- Dishonest conduct repeated on three files
- Respondent was evasive during the FIO interview and did not admit immediately
- Accounts breaches took place over a long period of time
Mitigating factors:
- Previously long unblemished record
- Remedied all accounts breaches once notified
- Dishonest conduct of very short duration
- Apologised and showed some insight
- Co-operated with investigation and made admissions
- No client suffered financial loss and no breach of trust
- Personal stress and family circumstances at the time