Outcome:
Control
Outcome date: 5
October
2009
Published date: 12
February
2010
Firm details
Firm or organisation at time of matters giving
rise to outcome
Name: B K S Solicitors
Address(es):
150 Cranbrook Road, Ilford, Essex, IG1 4LZ
Firm ID: 423148
Outcome details
This outcome was reached
by SRA decision.
Decision details
To impose the following immediate conditions upon the current (2006/2007) registration of Mr Muhammad Jamal Ashraf as a registered foreign lawyer that:
1. He may act as a registered foreign lawyer only in employment which has first been approved by the Solicitors Regulation Authority;
2. He is not a sole practitioner or a manager or owner of a recognised body;
3. Mr Ashraf shall immediately inform any actual or prospective employer of these conditions and the reasons for their imposition;
4. In this condition “manager” is as defined in Section 207 of the Legal Services Act 2007 and “owner” is as defined in rule 24 of the Solicitors’ Code of Conduct 2007;
5. With immediate effect, that Mr Ashraf is not to undertake or be involved in immigration work.
Reasons/basis
Mr Ashraf’s conduct inter alia, arising out of issues identified within the Forensic Investigation Reports into his former firm of AM Patel & Co dated 17 May 2007 and 31 July 2007; the issues identified within the Forensic Investigation Reports into Mr Ashraf’s former firm of BKS Solicitors dated 17 May 2007 and 3 December 2007 and Mr Ashraf’s conviction for an offence of dishonesty where he was sentenced to 4 months imprisonment have been referred to the Solicitors Disciplinary Tribunal.
Whilst these issues have yet to be determined by the Solicitors Disciplinary Tribunal, no conclusions can be drawn.
Nevertheless, the Adjudicator is satisfied that Mr Ashraf is an unsuitable person to engage in certain business agreements, business associations or practising arrangements or to undertake certain activities in relation to a legal practice, either at all or save as specified in the condition and that imposing a condition requiring Mr Ashraf to obtain the SRA’s written approval before taking certain steps will, in the public interest, limit, halt or prevent a risk to clients, third parties or the public and that in addition, the imposition of the above conditions will, be in the public interest during the currency of Mr Ashraf’s registration with the SRA.
In reaching this decision, the Adjudicator has been mindful that it is settled law that such conditions may be imposed on a registered foreign lawyer’s current registration, pending the outcome of disciplinary proceedings without pre-judging that outcome.
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