M A Olaseinde & A M Hemming

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

Two solicitors faced conduct-unbefitting allegations arising from Law Society inspections, including misuse of client account as a bank, failure to notify mortgage lenders of cash-back arrangements, client account shortages, using client money for personal property purchases, a backdated letter, and breach of an undertaking. Dishonesty was expressly not alleged and the Tribunal made no dishonesty finding. All allegations were admitted and substantiated. Mr Olaseinde, found to lack the probity and stewardship required and unequipped to practise, was struck off. Mrs Hemming, with lower culpability and poor mental health, was suspended indefinitely. Both ordered to pay £30,000 costs jointly and severally.

Duties found breached:

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

Aggravating factors:

• Cavalier approach to handling client money
• Failure to consider money laundering hallmarks in the Mr H transactions
• Backdated/false letter placed on file
• Using client money to fund his own conveyancing transactions
• Acting for lender in his own transactions without proper notification
• Breach of professional undertaking
• Delivering legal services without a practising certificate and using client account interest for own purposes

Mitigating factors:

• No dishonesty alleged or found
• Client money not ultimately placed at risk (notional rather than physical shortage)
• Some breaches inherited from and perpetuated practices of former senior partner Mr Guyster
• Full admissions of all allegations
• Instructed chartered accountants at considerable personal cost to rectify accounts
• For Mrs Hemming: considerably lower culpability, minor involvement, influenced by Mr Olaseinde, and ongoing poor mental health