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M Rahman

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number10608/2010
Date01/01/2010
OutcomeStrike off

Allegation / charges

Breaches, Others

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

SanctionSuspension
Suspension12 months
CostsGBP 1,000
Dishonesty foundYes

Mr Rahman, a newly qualified solicitor, admitted creating a false letter dated 13 October 2009 and a false 'employer's statement' dated 10 October 2009, which he submitted to Halifax Plc in support of a mortgage protection insurance claim following his dismissal from Charles Russell LLP. He admitted dishonesty, and the Tribunal found dishonesty proved under the Twinsectra test. Although striking off is the normal outcome for dishonesty, the Tribunal treated this as an exceptional case given the aberrational nature of the conduct, his youth and inexperience, and his contrition, and imposed a 12-month suspension plus £1,000 costs. (Note: the High Court (Holman J) subsequently overturned the sanction on 4 April 2012, replacing the suspension with a strike-off, but the Tribunal's own decision was suspension.)

Duties found breached:

Aggravating factors:

  • Creation of two false documents to support a claim under a mortgage protection insurance scheme
  • Conduct involved dishonesty

Mitigating factors:

  • Prompt admission of all allegations including dishonesty
  • Youthfulness and inexperience (newly qualified solicitor)
  • Behaviour was an aberration and out of character
  • Immediate contrition and insight that what he had done was wrong
  • Act of panic in a particular set of circumstances following his dismissal
  • Perception of inadequate supervision and a steep learning curve
  • No previous disciplinary sanctions

Documents

Source: https://solicitorstribunal.org.uk/case/10608/