O M O Ijaola

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

The Respondent, an unadmitted self-employed contractor at Gans & Co, was instructed by his supervising solicitor to brief Counsel to represent a client at a pre-trial review and trial before Havering Magistrates' Court. Instead, on 24 July 2008 he conducted the trial himself, including several hours of cross-examination, without seeking the Magistrates' leave. When asked by the Legal Advisor whether he was counsel or solicitor, the Tribunal found he answered "solicitor", holding himself out as a solicitor when he was not. The Tribunal found both allegations proved beyond reasonable doubt, finding breaches of ss.1 and 20(1)(a) of the Solicitors Act 1974. No express finding of dishonesty was made. The Tribunal made a s.43 order regulating his future employment and ordered him to pay costs of £8,500. The hearing proceeded in the Respondent's absence after his adjournment application was refused.

Duties found breached:

• Cease acting on client perjury or disobedience
• Fair dealing with unrepresented parties
• No acting against a former client
• No conflict between current clients

Aggravating factors:

• Conducted a contested trial including two to three hours of cross-examination
• Experienced in attending Magistrates' courts and familiar with the procedure and requirement to disclose his status
• Did not apply to adjourn the trial despite being unable to secure Counsel
• Failed to engage with the disciplinary process and absented himself from the UK

Mitigating factors:

• Expressed an absolute and unconditional apology and accepted he should not have undertaken reserved work
• Stated he regretted his error of judgement
• Long-term disability and ill health
• No previous disciplinary matters