Shafiq-ul Hassan
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Hassan, a solicitor and director/owner of City Law Solicitors Cardiff Ltd, faced allegations across Rule 12 and Rule 14 statements. The Tribunal found that during a May 2019 meeting he made untrue statements about ownership/transfer of a property and suggested an adjournment could be obtained by lying to the court, and that this conduct was dishonest (Allegations 1.1, 1.2, 1.3). On the Rule 14 allegations, the Tribunal found he sent a letter purporting to attach a chartered surveyor's report (Allegation 1.4, breach found but NOT dishonest, integrity intact) and breached an undertaking to pay £600 for the neighbours' surveyor report (Allegation 1.6, breach of Principle 2 found but no breach of integrity due to genuine mistaken belief). Despite dishonesty findings, the Tribunal found exceptional circumstances within the narrow residual Sharma category - the dishonesty was brief, confined to a single matter, without gain or actual harm, and motivated by a genuine desire to protect a coerced client. Striking off was deemed disproportionate; a 2-year suspension was imposed plus costs of £37,568.09.
Duties found breached:
- Act in the client's best interests
- Competence
- Honour professional undertakings
- No conflict between current clients
- No improper communication with the court
- Not mislead third parties or opponents
- Proper basis for allegations
Aggravating factors:
- Conduct was dishonest
- Misconduct was deliberate and calculated/planned and pre-meditated
- Experienced solicitor of around 20 years at the time
- Knew or ought reasonably to have known conduct breached obligations to protect public and profession's reputation
Mitigating factors:
- No previous disciplinary findings/unblemished 20-year career
- Client A faced coercion from third parties and Mr Hassan sought to protect him (laudable reasons)
- No loss or actual harm resulted
- No personal gain to the solicitor (retainer had terminated)
- Misconduct confined to a single meeting and brief duration
- Did not conceal comments or blame others
- Impressive testimonials
- Minimal risk of repetition
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