REGULATORY SETTLEMENT AGREEMENT
1. Rangarirai Cuthbert Makanda of Makanda & Company of 724 Holloway Road, London N19 3JD agrees to the following outcome into his professional conduct under reference RDC/1357-2008.
Background
2. In July 2008 a client complained about the service she received in respect of a relative's application for indefinite leave to remain in the UK. The Legal Complaints Service (LCS) raised issues which led to an offer of compensation as a result of the inadequate professional service provided.
3. LCS identified that Mr Makanda in response to the complaint sought to mislead the LCS by creating an attendance note incorrectly dated 3 January 2008 and sending it as a true record of attendance on the client on 3 January 2007.
4. After a telephone conversation with the LCS, Mr Makanda sent in the original written attendance note explaining that the previous note he had sent was a more detailed version of what he had written down although it had been created on 19 August 2008. Mr Makanda explained that he was embarrassed by the brevity of his original attendance note and the longer note was a more detailed version.
Admissions
5. Mr Rangarirai Cuthbert Makanda makes and the SRA accepts the following admissions:
(a) Mr Makanda created and sent to LCS an attendance note of a meeting that took place on 3 January 2007 without stating that it had been created in August 2008 and without sending or disclosing the existence of a shorter note created at the time;
(b) Mr Makanda therefore failed to deal with the LCS in an open, prompt and co-operative way.
Responsibility for professional conduct
6. Mr Makanda is therefore severely reprimanded for misconduct. Mr. Makanda's clear regulatory history over the last 5 years was taken into account in deciding upon sanction as was the fact that there was no evidence that the content of the submitted attendance note was untrue.
7. Mr Makanda agrees that this outcome will be published by the SRA and that it may be disclosed to any person upon request.
8. Mr Makanda agrees to pay the costs of the investigation in the sum of £1,350.00 inclusive of VAT within 28 days of finalisation of this agreement.
9. Mr Makanda agrees that he will not act in any way inconsistent with this agreement by, for example, denying the misconduct admitted.
10. If any of the terms of this agreement are not complied with or if Mr Makanda acts in any way inconsistently with this Agreement, he accepts that the matter could be referred back to an Adjudicator for consideration, including referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and on the basis that his failure to comply constitutes a breach of Rule 1 of the Solicitors’ Code of Conduct 2007.
Dated this day of 2009
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David J Middleton
Legal Director
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Rangarirai Cuthbert Makanda
Solicitor