Md Zahidul Islam; Zarina Shaheen Bostan; Nageena Choudhry; Mohammed Saleem
Allegation / charges
Code of Conduct for Firms 2019, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Four solicitors faced allegations arising from the January 2020 sale of Silverman Peake LLP and a related Trainee-Principal Agreement. The Tribunal found the First Respondent (buyer/sole member) and Second Respondent (unadmitted trainee who funded the purchase and ran the office) breached SRA Principles 2 and 5, the Code for Firms and the Accounts Rules; the Second Respondent additionally breached Principle 7 and the Code for Solicitors by accepting a Part 36 offer for a former client without authority and in conflict. No dishonesty was found (lack of integrity only). Each was fined £10,001; the Second Respondent also received a Restriction Order with leave to apply after 3 years. Allegations against the Third and Fourth Respondents (former owners) were dismissed, the Tribunal accepting their evidence that they had not read the TPA and were unaware of key matters. Costs ordered: £14,482.46 (First) and £26,895.99 (Second), no order against the Third and Fourth.
Duties found breached:
- Accounting records, reconciliation and reports
- Firm governance, systems and compliance
- No conflict between current clients
- Uphold public trust in the profession
Aggravating factors:
- Second Respondent showed no genuine remorse and a lack of insight, deflecting responsibility onto others
- Second Respondent acted without client authority and continued to justify it
- Second Respondent's late disclosure on the third day of the hearing and equivocal responses to allegations
- Significant risk of harm arising from delegation of control and accounts failures
Mitigating factors:
- No previous disciplinary findings against any Respondent
- First Respondent made early/prompt admissions, gave frank evidence, showed insight and remorse
- First Respondent's relative inexperience and naivety, having relied on advice of others (Mr A, a struck-off solicitor) and assurances
- No actual harm arose from the misconduct
- COVID-19 disruption and lack of effective handover cited
⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=20002", "unverified_costs_amount=41378.45"]
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- AML and crime-prevention compliance
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- File and record retention
- Firm governance, systems and compliance
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Orderly wind-down and contingency cover
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Supervise staff and delegated work
- Truthful, non-misleading advertising