M A Olaseinde & A M Hemming

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

Two solicitors faced multiple allegations of conduct unbefitting a solicitor arising from Law Society inspections, including client account/accounts rules breaches, failing to notify mortgage lenders of cash-back arrangements, improper use of client money for personal property purchases, creating a backdated letter to mislead the investigator, and breach of undertaking. Both admitted the allegations. Dishonesty was expressly not alleged and not found. Mr Olaseinde was struck off the Roll; Mrs Hemming, with lower culpability and ill health, was suspended indefinitely. Both ordered to pay £30,000 costs jointly and severally.

Duties found breached:

• Honour professional undertakings
• No conflict between current clients
• No improper communication with the court
• No improper use of client money
• Not mislead the court

Aggravating factors:

• Cumulative effect of multiple serious allegations
• Cavalier approach to handling client money
• Failure to consider money laundering risks in Mr H transactions
• Creating a backdated letter to mislead the investigator
• Using client money for personal property purchases
• Failure to recognise personal responsibilities and fundamental principles of practice
• Delivering legal services without holding a practising certificate

Mitigating factors:

• Client money not ultimately placed at risk / shortages largely notional
• Many breaches inherited from or perpetuated practices of late senior partner Mr Guyster
• Engaged chartered accountants at considerable personal cost (£40,000-£50,000) to remedy accounts
• Full admissions of all allegations
• For Mrs Hemming: considerably lower culpability, junior role, poor mental health and breakdown, influenced by Mr Olaseinde