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Pratik Rambhai Patel

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10437/2010
Date01/01/2010
OutcomeStrike off

Allegation / charges

Breaches, Failures, Others

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

SanctionStrike Off
CostsGBP 5,000
Dishonesty foundYes

The Respondent, an assistant solicitor at Bindmans LLP handling a personal injury file, created and backdated two documents (a covering letter and an Allocation Notice) on 20 February 2009 to make it appear they had been sent to the insurer (Accident Line) within policy time limits, in order to induce the insurer to pay the firm's costs after a case was lost. The documents were detected because they were printed on stationery not in use at the dates shown. Applying the Twinsectra test, the Tribunal found the Respondent acted dishonestly, knowingly deceiving the insurer as to the nature and dates of the documents. He was struck off the Roll and ordered to pay £5,000 costs.

Duties found breached:

Aggravating factors:

  • Conduct fell very far short of the integrity, probity and trustworthiness required
  • Damaged his own and the profession's reputation
  • Held documents out as genuine file copies without explaining how they were created

Mitigating factors:

  • Otherwise acted as a conscientious and competent solicitor
  • No prior warnings as to capability or performance throughout his working life
  • Positive feedback from clients and superiors
  • Bindmans had initially intended to give a final written warning rather than dismiss
  • Criticism of employer's filing system with no formal procedures to check reporting forms had been sent
  • Bindmans accepted he honestly believed the documents had been sent on the diarised date
  • Maintained belief the documents had been sent in time as soon as matters came to light

Documents

Source: https://solicitorstribunal.org.uk/case/10437/