Decision record
Shafiq-ul Hassan
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Hassan, a solicitor and firm director, was found to have made untrue statements about the ownership/transfer of Property 1 during a meeting and to have suggested that a court adjournment could be obtained by lying (Rule 12 allegations), conduct which the Tribunal found dishonest under Ivey. The Tribunal found his motivation was to protect Client A from family coercion, which constituted exceptional circumstances placing the case within the narrow residual Sharma category avoiding strike-off. Rule 14 allegations regarding a surveyor's report were proved as breaches but not dishonest (Tribunal found he acted with integrity there), and breach of an undertaking was proved (Principle 2/para 1.3) but without a finding of lack of integrity due to his mistaken belief. He was suspended for 2 years and ordered to pay costs of £37,568.09.
Duties found breached:
- Proper basis for allegations
- No improper communication with the court
- Professional independence
- No taking unfair advantage
- Not mislead third parties or opponents
- Act in the client's best interests
- Honour professional undertakings
Aggravating factors:
- Proven dishonesty
- Conduct was deliberate, planned, calculated and pre-meditated
- Experienced solicitor of around 20 years
Mitigating factors:
- No previous disciplinary findings / 20-year unblemished career
- Motivation to protect Client A from coercion and pressure from family and others
- No benefit or gain to the solicitor
- No loss or actual harm resulted
- Misconduct confined to a single meeting/matter and brief in duration
- Did not conceal comments or blame others
- Impressive testimonials
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Proper basis for allegations
- No improper communication with the court
- Honesty
- Integrity
- Professional independence
- No taking unfair advantage
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- Honour professional undertakings
- Serve justice and improve the law