A Afolabi, A Otah & O Ogunjebe

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

Multi-respondent SDT decision (June 2010) concerning Ann Francis & Co and Austin & Jedd. The Tribunal found the firm of Ann Francis & Co to be a sham partnership controlled by Mrs Afolabi even before her admission as a solicitor. Allegations A, B and I were proved against Mrs Afolabi; the Tribunal made an express finding of dishonesty in respect of her evidence to an Employment Tribunal (Allegation I) and struck her off the Roll. Accounts Rules allegations against her were not proved as she was only a trainee at the relevant time. Respondent 2 admitted numerous Accounts Rules breaches and holding himself out as a partner and was fined £10,000. Otah and Ogunjebe were indefinitely suspended for failing to provide books of account, failing to comply with an Adjudicator's directions, and (Otah) breach of undertaking. Total costs schedule was £62,828.06, subject to detailed assessment, apportioned among the respondents; Afolabi to pay one-third of the Ann Francis costs. Her applications to adjourn, for no case to answer, and for a stay were all refused. (The High Court later quashed and remitted the findings on Allegation I and sanction.)

Duties found breached:

• Proper basis for allegations
• No improper fee-sharing or partnership
• Truthful, non-misleading advertising

Aggravating factors:

• Express finding of dishonesty regarding evidence to the Employment Tribunal
• Operating a sham partnership to obtain lender panel status
• Controlling and running a solicitors practice before admission to the Roll
• Clients placed at risk without a suitably qualified solicitor properly supervising

Mitigating factors:

• No previous disciplinary sanctions / first appearance before the Tribunal
• No client complaints and firm regarded as successful
• Expressed remorse