Chinwe Uzo Chikwendu; Undiga Emuekpere
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Both solicitors at Riverbrooke Solicitors faced allegations over an Employment Tribunal costs matter for Client A. Allegation 1 (preparing a grossly inflated bill of £85,573.50) was found NOT proved against either Respondent, the Tribunal being unsatisfied the bill was grossly inflated despite poor time-recording. Allegation 2, against the Second Respondent only, was proved: she created a false/misleading attendance note suggesting costs of over £30,000 were discussed at a 29 July 2017 meeting when they were not, created later for the Legal Ombudsman investigation; the Tribunal made an express finding of dishonesty under Ivey, plus breaches of integrity and public trust. Allegation 3, against the First Respondent only, was proved: she failed to cooperate with the SRA by delaying nearly three months in responding to requests and a s.44B notice. Sanctions: Second Respondent suspended 2 years (strike-off held disproportionate due to exceptional circumstances - inexperience, isolated, no financial gain, no client loss); First Respondent reprimanded. Each ordered to pay £15,000 costs (£30,000 total), reduced from the £137,773 sought.
Duties found breached:
- Cooperate openly with regulators
- Good faith and courtesy to colleagues
- Non-discriminatory acceptance and cab-rank
- Uphold public trust in the profession
Aggravating factors:
- Second Respondent's dishonesty involved altering an important contemporaneous record and allowing it to be relied upon during the Legal Ombudsman's investigation, causing high harm to the regulatory process
- First Respondent's failure to cooperate occurred over a significant period despite repeated reminders and her senior role as manager/owner
Mitigating factors:
- Both Respondents had unblemished regulatory records
- Second Respondent: dishonesty confined to a single entry in a single attendance note, no wider course of conduct, inexperience (first litigated case), no financial motivation, no direct client loss
- First Respondent: isolated lapse, low culpability, no material delay to proceedings, remorse, positive character references
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- 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
- 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
- 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
- Truthful, non-misleading advertising