Dixit Shah

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

The Respondent, a solicitor who had acquired B.J. Brandon & Co, employed and remunerated Nicholas Bentley, a suspended solicitor, during 10-29 September 1998 without the Law Society's permission, contrary to Section 41 of the Solicitors Act 1974. The Respondent argued he had paid a company (Key-to-the-Door Ltd) rather than Mr Bentley personally, but the Tribunal rejected this, finding the company was Mr Bentley's agent. The Respondent knew of the suspension from 3 July 1998 and had even sought permission to employ Bentley. No dishonesty was expressly found. The Tribunal found this a flagrant breach and ordered the Respondent struck off and to pay costs of £1,490.

Duties found breached:

• No conflict between current clients

Aggravating factors:

• Respondent was aware Mr Bentley was suspended from July/September 1998
• Had arranged for permission to be sought yet proceeded without it
• Employed Mr Bentley in an area of law (conveyancing) in which the Respondent had no experience, exposing the public to unacceptable risk
• Ignored strict requirements for his own convenience
• Made no effort to find alternative cover for the holiday period