Rajpal Panesar
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Rajpal Panesar, a managing partner at Taylor Rose TTKW, instructed Person A (a newly qualified solicitor under his supervision) to send a misleading email to Client A containing a false explanation that a report had been posted and returned, to cover up his earlier inaccurate statements that the report had already been sent. Person A refused and the misleading email was never sent. The Tribunal found Allegation 1.1 proved in its entirety, including an express finding of dishonesty under Principle 4, as well as breaches of Principles 2 and 5 and Paragraph 1.4 of the Code. Although dishonesty normally leads to striking off, the Tribunal found exceptional circumstances (isolated, brief, unpremeditated conduct, email never sent, no harm to transaction, full admissions and remorse) and imposed a 9-month suspension plus costs of £14,000 (reduced from £17,755 sought).
Duties found breached:
Aggravating factors:
- Misconduct had a devastating impact on Person A, a newly qualified junior colleague
- Abuse of senior/leadership position over a junior colleague
- Amended email required care and consideration and was followed up by further email and phone call
- Motivated by desire to avoid criticism from client
Mitigating factors:
- Unblemished professional and regulatory history over 17 years qualified
- Full admissions from the outset and full cooperation with investigation
- Self-reported the matter to the SRA
- Attended an ethics course at own expense
- Dishonesty was isolated, not premeditated, lasted only about 90 minutes
- Misleading email was never actually sent and transaction not prejudiced
- No benefit derived; no greed; no attempt to avoid penalty
- Working under significant volume of work, caring responsibilities and mental health issues
- Three-year delay in bringing matter, during which held unconditional practising certificate
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising