Shagufta Ghafar

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

The Scottish Solicitors' Discipline Tribunal found solicitor Shagufta Ghafar guilty of professional misconduct in respect of a 2016 conveyancing transaction. She acted in a conflict of interest by effectively representing both the Secondary Complainer (her instructing client, sole director of West Construction UK LLC) and Mr X (the transferee/trustee) despite mandates stating she did not act for Mr X (breach of Rule B1.7.1, found singly). She also failed to act in her client's best interests by not promptly informing him that Mr X had taken out a secured loan in breach of the minute of agreement (Rule B1.4.1), and made multiple handwritten changes to dispositions without the Secondary Complainer's consent (both found in cumulo). The Tribunal rejected the Respondent's 'bare trust' argument. The Complainers did not allege dishonesty or lack of integrity. The Tribunal imposed a censure, with publicity, naming the Respondent and Secondary Complainer. Expenses of the preliminary hearing were awarded to the Respondent; otherwise the Respondent was liable for expenses.

Duties found breached:

• No improper communication with the court
• Not mislead third parties or opponents
• No conflict between current clients

Mitigating factors:

• No previous findings of professional misconduct
• Relatively inexperienced solicitor (qualified 2010)
• Dealing with a dominating client who was 'calling the shots'
• No benefit to the Respondent
• Sole practitioner with modest means
• Did not act in a fraudulent or deceitful manner