Decision record
Yasar Malik
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Yasar Malik, a non-solicitor employee of Quick Solicitors and its COFA from 16 October 2017, admitted failing to ensure the Firm's compliance with the SAR 2011 (breach of Rule 8.5 of the SRA Authorisation Rules 2011 and Principles 6 and 7), and admitted his conduct was manifestly incompetent. He took on the COFA role without experience, did not know how to perform three-way reconciliations, made no enquiries into the Firm's known financial problems, and failed to report breaches. The Tribunal, dealing with the matter on the papers via an agreed outcome, found him guilty of conduct making it undesirable for him to be involved in legal practice except with SRA permission, and made a section 43 order plus ordered costs of £2,500 (reduced from £10,000 due to his means). No dishonesty was alleged or found.
Duties found breached:
- Uphold public trust in the profession
- Self-report to the regulator
- Not misrepresent regulated status
Aggravating factors:
- Manifest incompetence (admitted)
- Misconduct continued over a period of time (16 October 2017 to 31 May 2018)
- He was aware of the Firm's financial position and the SRA investigation when appointed COFA yet made no enquiries
- He knew or ought reasonably to have known the conduct was in material breach of obligations to protect the public and reputation of the profession
- Had been forewarned of the previous COFA's concerns
Mitigating factors:
- No previous experience of the COFA role and underestimated its difficulties
- Wanted to resign as COFA but continued until a replacement could be found
- Periods of ill health during his time as COFA affecting his ability to respond
- Limited means taken into account for costs