Decision record
Nato Zondagh
Allegation / charges
Breaches, Client Money, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, sole principal, COLP and COFA of Excelsior Solicitors Limited, received client money in four separate matters (MFC, SS, MI and the estate of HM) totalling around £175,000. He failed to pay SDLT and register purchases, misappropriated or misused client funds, misled client SS into believing SDLT had been paid and registration effected, and falsely told the SRA the Firm held no client money. He also failed to respond to the SRA's communications. The Respondent did not engage with the proceedings and did not attend. The Tribunal, proceeding in his absence, found all allegations proved on the balance of probabilities, including express findings of dishonesty (Ivey test) in respect of Allegations 1.1-1.4. Finding no exceptional circumstances under Sharma/James, the Tribunal ordered that he be struck off the Roll and pay costs of £22,200.
Duties found breached:
- Proper basis for allegations
- Integrity
- Uphold public trust in the profession
- Act in the client's best interests
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Good faith and courtesy to colleagues
Aggravating factors:
- Dishonesty found across four separate matters
- Deliberate, calculated and repeated conduct
- Substantial sums misappropriated (approx £175,000)
- Harm spread across multiple clients
- Misled client SS into believing SDLT paid and property registered
- Concealed wrongdoing and failed to engage with SRA
- Previous disciplinary finding in 2016 involving failure to protect client money - failed to learn from it
- False statement to SRA that Firm held no client money
Duties engaged
- Proper basis for allegations
- Honesty
- Integrity
- 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
- Keep client informed and respond promptly
- Non-discriminatory acceptance and cab-rank
- No improper use of client money
- Prompt accounting and return of money
- Safeguard documents and limit liens
- Competence
- Diligence and timeliness
- Good faith and courtesy to colleagues