Decision record
Viresh Patel
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number9950/2008
Date01/01/2008
OutcomeStrike off
Allegation / charges
Breaches, Delays, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 10,000
Dishonesty foundNo
Viresh Patel, a solicitor admitted in 1995, admitted six allegations of professional misconduct including two breaches of undertaking, acting in a conflict of interest on a property sale, failing to comply with a S.44(B) production order, acting on third party instructions and failing to account for sale proceeds and interest. No dishonesty was alleged or found. The Tribunal concluded he had no proper grasp of his professional responsibilities and posed a hazard to the public, striking him off the Roll and ordering payment of £10,000 costs.
Duties found breached:
- No improper communication with the court
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- No own-interest conflict
- Account for interest on client money
- Diligence and timeliness
Aggravating factors:
- No proper grasp of professional responsibilities, posing a high degree of hazard to the public
- Gave undertakings without due thought as to their appropriateness or ability to discharge them
- Failed to take steps to protect the purchaser from distress caused by breach of undertaking, passing responsibility to equity partners
- Failed to comply with a statutory S.44(B) production order
- Tribunal had no confidence his attitude would improve after any suspension
Mitigating factors:
- No dishonesty alleged or found
- No loss to any client; undertakings ultimately discharged and interest/compensation paid
- Serious illness of the Respondent's father and close family pressures
- Considerable financial and practice difficulties at DKLL including HMRC bankruptcy petitions against salaried partners
- Charitable work including fundraising for hospices and board membership of the Indian YMCA Youth Hostel
- Positive written testimonials attesting to competence and honesty