Decision record
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 in the property department of Taylor Rose TTKW, instructed a newly qualified junior colleague (Person A) to send a misleading email to a client falsely stating that a report had been posted on 19 March and returned to the firm, to cover up his own earlier error in telling the client and estate agent the report had been sent. Person A refused and the misleading email was never sent. The Tribunal found the allegation proved in its entirety, including that he 'instructed' (rather than merely asked) Person A, and made an express finding of dishonesty (breach of Principle 4), along with breaches of Principles 2 and 5 and Paragraph 1.4 of the Code. Although dishonesty ordinarily results in strike-off, the Tribunal found exceptional circumstances (isolated, brief 90-minute, non-premeditated incident, email never sent, no prejudice to transaction, marginal benefit) and imposed a 9-month suspension plus costs of £14,000 (reduced from £17,755 sought).
Duties found breached:
Aggravating factors:
- Respondent was an experienced solicitor in a senior leadership role
- Abused his authority by directing a newly qualified junior colleague to mislead a client
- Devastating impact on Person A's mental health and confidence in the profession
- Dishonesty aggravated by subsequent follow-up email and phone call
- The amended email required care and consideration; not off-the-cuff
Mitigating factors:
- Unblemished professional and regulatory history of 17 years
- Full admissions from the outset and full cooperation with investigations
- Self-reported the matter to the SRA
- Attended an ethics course at his own volition and expense
- Isolated incident, not premeditated, lasting only about 90 minutes
- Offending email was never actually sent; no prejudice to client or transaction
- No personal benefit or greed; marginal benefit at most
- Mental health issues, heavy workload, caring responsibilities, Covid pandemic pressures
- Three-year delay in bringing matter to Tribunal during which he held an unconditional practising certificate