D S Johnston and A Kumar

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

Two partners of Foster Johnston Oldfield faced 13 allegations of conduct unbefitting a solicitor, including failing to comply with conveyancing undertakings, failing to supervise unqualified staff (including staff running Somerville Leisure Plc and Legal & Financial Consultants), conflicts of interest, overcharging clients on telegraphic transfer fees (a secret profit of ~£6,500/month), using mortgage monies without signed documents, and misleading Birmingham Midshires as to price and date of a purchase. The Tribunal found all allegations substantiated against both. No dishonesty was alleged or found, but there was a pattern of disorganisation, incompetence and serious lack of supervision. The senior equity partner Johnston was suspended indefinitely; the junior salaried partner Kumar was suspended for one year. Each was ordered to pay £5,000 costs (£10,000 total).

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• No improper use of client money
• Supervise staff and delegated work
• Honour professional undertakings

Aggravating factors:

• Pattern of disorganisation, incompetence and serious lack of supervision
• Large number of complaints indicating undertakings routinely not complied with
• Secret profit of about £6,500 per month on telegraphic transfer fees
• Misleading Birmingham Midshires Building Society via Certificate of Title
• Allowing unadmitted staff to run a quasi-legal business within the firm without supervision
• First Respondent, as equity/senior partner, bore greater culpability

Mitigating factors:

• No allegation or finding of dishonesty
• Respondents cooperated fully with investigating officers
• All undertakings ultimately remedied
• Breaches said to arise from negligence rather than deliberate conduct
• Second Respondent's comparatively minor role as litigation/salaried partner
• Second Respondent had health difficulties
• Explosion of conveyancing work and difficulty recruiting quality staff; procedures later rectified