Mohammed Aamer Anwar

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

The Council of the Law Society of Scotland brought a complaint against Mohammed Aamer Anwar concerning clause 8 of his Terms of Business, which on a plain reading purported to exclude a client's right to taxation of fees by the Auditor of Court and to complain to the SLCC or Law Society. The Tribunal accepted the Respondent's credible evidence that his intention was only to protect his hourly rate and that the clause was carelessly worded - an honest mistake. It found a breach of Rule B1.9.1 (effective communication) but held this did not meet the Sharp test for professional misconduct, particularly as he never invoked the clause and his solicitor had flagged the client's right to taxation. The Respondent was found not guilty of professional misconduct, and the Tribunal declined to remit the matter for unsatisfactory professional conduct. No expenses were awarded to or by either party, and publicity was ordered including the Respondent's name but not the Secondary Complainer's.

Duties found breached:

• No improper communication with the court

Mitigating factors:

• Respondent found to be a credible witness; intention was only to protect his hourly rate
• Clause carelessly worded - an honest mistake
• Respondent never attempted to invoke the clause to prevent the Secondary Complainer complaining to the SLCC
• Respondent's solicitor flagged the client's right to have the fee reviewed by taxation
• No prejudice to the Secondary Complainer
• Terms of Business signposted client to the SLCC and invited client to consult another solicitor
• Impeccable record on financial matters