Anbananden Sooben
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Recklessness, Solicitors Accounts Rules 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Sooben, sole principal, COLP and COFA of Duncan Ellis Solicitors, was found to have provided misleading information to his professional indemnity insurer by failing to disclose the ongoing SRA investigation, to have breached the SRA Accounts Rules (including a £9,120 client account shortage, failed reconciliations, inadequate records, no client cashbook, and failure to correct breaches), and to have failed to supervise staff at the Colliers Wood branch, where an unadmitted caseworker (Mr Lingajothy) operated largely unsupervised. The Tribunal did NOT find dishonesty proved, though it found lack of integrity and that the failure to supervise was reckless. Two factual allegations (1.1.2 and 1.2) were not proved. He was suspended for 9 months with indefinite practice conditions and ordered to pay £35,000 costs.
Duties found breached:
- Firm governance, systems and compliance
- Integrity
- No conflict between current clients
- No improper use of client money
- Not mislead the court
- Report serious misconduct of others
- Uphold public trust in the profession
Aggravating factors:
- Experienced solicitor who should have known conduct breached professional obligations
- Very little insight into seriousness of lapses
- Sought to deflect responsibility by blaming the SRA
- Recklessness found as aggravating feature regarding failure to supervise
- Financial self-interest (accepted £42,895 in cash July 2022-July 2023)
- High culpability; conduct caused serious harm to reputation of the profession
Mitigating factors:
- No clients suffered loss
- 17 years' practice with unblemished regulatory record
- No previous disciplinary matters
- Continued paying run-off insurance cover to protect clients
- Acknowledged room for improvement in accounting
⚠ figures not found verbatim in the source were dropped: ["review_dishonesty_finding_cue_present"]
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Prompt accounting and return of money
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising