A Z K Khattak and Another

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

Two solicitor brothers in partnership at Caffrey & Co admitted numerous allegations of conduct unbefitting a solicitor, including undisclosed conflicts of interest (First Respondent acting where he/his wife bought clients' properties), false certificates of title to lender SPML, failure to supervise an unqualified caseworker, breaches of the Solicitors Accounts Rules, and continuing to practise contrary to conditions on their practising certificates. The Tribunal expressly found no dishonesty. Given the First Respondent's prior 2003 findings and the seriousness of the conduct, he was suspended indefinitely; the Second Respondent, with lesser culpability due to ill-health and limited involvement, was fined £4,000. Each was ordered to pay £7,500 costs (total £15,000).

Duties found breached:

• No taking unfair advantage
• Act in the client's best interests
• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• Supervise staff and delegated work
• Hold a current practising certificate
• Good faith and courtesy to colleagues

Aggravating factors:

• First Respondent appearing before the Tribunal for a second time (previous 2003 findings and £9,000 fine)
• Undeclared personal involvement in conveyancing transactions with false certificates of title certifying no such involvement
• Continued to practise in contravention of conditions on Practising Certificates
• Breaches of Solicitors Accounts Rules placing client monies at risk
• Over 700 client ledgers left open with unreturned monies and uncalculated interest

Mitigating factors:

• Both Respondents admitted all allegations and were cooperative
• No dishonesty found on the part of either Respondent
• Some accounting breaches were historical/inherited from predecessor Mr Caffrey
• Office suffered an arson attack requiring reconstruction of records
• Breaches largely attributed to a dishonest unqualified caseworker who concealed matters
• First Respondent had been unemployed/not practising since February 2005
• Second Respondent's ill-health and limited involvement in conveyancing (lesser culpability)
• Personal and family financial hardship; both upstanding community members with charitable work
• Apologies offered to the Tribunal