JAMES PHILIP CHISHOLM

Decision - Employee-related decision

Outcome: Control of non-qualified staff (Section 43 / Section 99 order)

Outcome date: 7 January 2025

Published date: 12 February 2025

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: KK & Co ( Khan’s Law Firm Ltd)

Address(es): 165 West Road, Bandi Sirrah House, Newcastle Upon Tyne, NE15 6PQ

Firm ID: 523291

Outcome details

This outcome was reached by SRA decision.

Decision details

Who does this decision relate to?

James Chisholm, whose last known address was in Redcar, North Yorkshire.

A person who is or was involved in a legal practice but is not a solicitor.

Summary of decision

The SRA has put restrictions on where and how Mr Chisholm can work in an SRA regulated firm.

It was found that Mr Chisholm, who is not a solicitor, was involved in a legal practice and has occasioned or been a party to an act or default which involved such conduct on his part that it is undesirable for him to be involved in a legal practice in any of the ways described in the order below.

The facts of the case

Mr Chisholm was employed as a trainee solicitor at KK & Co Solicitors (the firm), which is a recognised body, between March 2021 and October 2023.

In October 2022 he attended a social event with work colleagues, which was organised by staff and paid for by the firm. During the course of the evening, it was found that Mr Chisholm engaged in conduct towards a female colleague that was inappropriate and/or unwanted and/or sexually motivated.

Decision on outcome

An order pursuant to section 43(2) of the Solicitors Act 1974 was imposed as Mr Chisholm's conduct meant that it was undesirable for him to be involved in a legal practice without the SRA's prior approval. The order pursuant to section 43 was made with effect from the date of the letter or email notifying Mr Chisholm of this decision:

Mr Chisholm's conduct was serious because during a work social event he touched a colleague in an inappropriate and/or unwanted and/or sexually motivated manner without consent, causing them distress. His behaviour has had a lasting impact on them.

Mr Chisholm was also ordered to pay a proportion of the SRA's costs of £1,350.

What our Section 43 order means

1. no solicitor shall employ or remunerate him in connection with his/her practice as a solicitor;
2. no employee of a solicitor shall employ or remunerate him in connection with the solicitor's practice;
3. no recognised body shall employ or remunerate him;
4. no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
5. no recognised body or manager or employee of such a body shall permit him to be a manager of the body; and
6. no recognised body or manager or employee of such a body shall permit him to have an interest in the body

except in accordance with the SRA's prior written permission.