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Brian Hoffman

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11526/2016
Date01/01/2016
OutcomeFine

Allegation / charges

Breaches, Solicitors' Accounts Rules

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

SanctionFine
FineGBP 2,000
CostsGBP 16,074
Dishonesty foundNo

Brian Hoffman, an experienced solicitor and COFA at Hoffman Bokaei, faced six allegations arising mainly from a commercial share sale transaction for client Mr K (who was secretly bankrupt). Allegation 1.3 was withdrawn. The Tribunal found allegations 1.1, 1.2 and 1.4 (banking facility/Rule 14.5 and money laundering breaches) not proved beyond reasonable doubt, finding the payments fell within Rule 20.1(f) as withdrawals on the client's written instructions for his convenience and that there was an underlying transaction. Allegations 1.5 and 1.6 (Accounts Rules breaches regarding accounting records and reconciliations) were admitted and found proved. No dishonesty was alleged or found. The Tribunal imposed a fine reduced to £2,000 due to limited means, indefinite conditions preventing sole practice and acting as COLP/COFA, and costs reduced to £16,074. The SRA's subsequent appeal to the High Court was withdrawn.

Duties found breached:

Aggravating factors:

  • Respondent knew or ought reasonably to have known the conduct was in material breach of his obligation to protect the public and the reputation of the profession
  • Experienced solicitor and the COFA with additional compliance obligations

Mitigating factors:

  • Genuine insight displayed
  • Made open and frank admissions once aware of breaches
  • Co-operated with the SRA
  • Rectified the deficiencies once identified
  • No client lost money
  • Limited financial means
  • No previous disciplinary matters

Duties engaged

Documents

Source: https://solicitorstribunal.org.uk/case/11526/