Decision record
Younus Desai
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Younus Desai, a sole practitioner solicitor, faced two allegations. First, during a January 2015 medical consultation with an 11-year-old personal injury client, he improperly attempted to influence the jointly-instructed medical expert (Mr JG) by asking a leading question that elicited contradictory evidence about the child's headaches; the Tribunal found this breached Principle 6. Second, between November 2016 and February 2017, he attempted to improperly influence an SRA investigation into his own conduct by providing draft answers and using emotive/pressuring language to influence the responses that his former partner Mr DJ would give to the SRA. The Tribunal found this breached Principles 2, 6 and 7 and Outcomes 10.6 and 10.7, and made an express finding of dishonesty under the Ivey test, holding that the Respondent knew he was asking Mr DJ to corroborate his untruthful account. Culpability was assessed as high and harm as moderately high. Finding no exceptional circumstances to depart from the normal penalty for dishonesty, the Tribunal ordered the Respondent to be struck off the Roll and to pay costs of £20,261.39.
Duties found breached:
- Disclose adverse law to the court
- No taking unfair advantage
- Uphold public trust in the profession
- Advise objectively, not a mere conduit
- No conflict between current clients
- Cooperate openly with regulators
Aggravating factors:
- Dishonest attempt to conceal details of his own actions
- Conduct extended over a considerable period (November 2016 to February 2017)
- Conduct was deliberate and not spontaneous
- As an experienced solicitor he knew or ought to have known his actions were harmful to the profession's reputation
Mitigating factors:
- Previously unblemished career with no disciplinary history
- Positive character references attesting to his honesty and integrity
- Serious personal issues at the time (ill-health of relatives, family bereavement)
- Apologised and expressed remorse
Duties engaged
- Disclose adverse law to the court
- Honesty
- No taking unfair advantage
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Act in the client's best interests
- Advise objectively, not a mere conduit
- No conflict between current clients
- Cooperate openly with regulators