Decision record
O M O Ijaola
Allegation / charges
Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, an unadmitted paralegal working as a self-employed contractor for Gans & Co, was instructed to arrange Counsel to represent a client at a Havering Magistrates' Court trial on 24 July 2008. Instead he appeared himself and conducted the contested trial, and when asked by the court's legal adviser whether he was counsel or a solicitor, he indicated he was a solicitor. The Tribunal found both allegations proved beyond reasonable doubt: acting as a solicitor while unqualified contrary to ss.1 and 20(1)(a) of the Solicitors Act 1974, and holding himself out as a solicitor. No express finding of dishonesty was made. The Tribunal made a s.43 order controlling his future employment and ordered him to pay costs of £8,500.
Duties found breached:
- Cease acting on client perjury or disobedience
- Fair dealing with unrepresented parties
- No conflict between current clients
- No improper solicitation or touting
Aggravating factors:
- Not his first appearance in a magistrates court; he knew the procedure
- Conducted a full contested trial including two to three hours of cross-examination rather than an administrative task
- Failed to seek leave of the Magistrates or complete the status slip identifying himself as a paralegal
- Did not engage with the disciplinary process and failed to attend
Mitigating factors:
- Expressed absolute and unconditional apology and regret for error of judgement in his letter to the SRA
- Reference to long-term disability and ill health
- No previous disciplinary matters