Anca-Florina
Mitrana
Solicitor
609875
Decision - Sanction
Outcome: Rebuke
Outcome date: 1 August 2024
Published date: 6 September 2024
Firm details
Firm or organisation at time of matters giving rise to outcome
Name: Private Office Legal Services Limited
Address(es): First Floor, Albany House,162-168 High Street, Waltham Cross, EN8 7DF
Firm ID: 626971
Firm or organisation at date of publication
Name: Taylor Rose Limited
Address(es): 69 Carter Lane, London, EC4V 5EQ
Firm ID: 623604
Outcome details
This outcome was reached by SRA decision.
Decision details
Who does this disciplinary decision relate to?
Ms Mitrana is a solicitor, currently working at Taylor Rose TTKW Limited, a regulated body.
At the time of the misconduct detailed below, Ms Mitrana was working at Private Office Legal Services Limited, a recognised body.
Short summary of decision
We have issued Ms Mitrana with a rebuke for failing to advise clients adequately or at all about high risks in schemes involving the purchase and subsequent subletting of leasehold rooms and/or suites in care homes.
The conduct took place from September 2017 to November 2018.
Facts of the misconduct
It was found that:
When acting as a newly qualified solicitor, Ms Mitrana failed to adequately advise her clients about high risks when acting for them in schemes involving the purchase and subsequent subletting of rooms/suites in care homes.
In doing so, Ms Mitrana failed to act in the best interests of her clients (Principle 4 2011), failed to provide them with a proper standard of service (Principle 5), failed to protect her clients' interests (Outcome O(1.2) Code of Conduct 2011) and failed to provide a competent service (Outcome O(1.5) Code of Conduct 2011).
Decision on sanction
It was decided that a rebuke was an appropriate and proportionate sanction.
This was because Ms Mitrana's conduct was serious by reference to the following factors in the SRA Enforcement Strategy:
- Ms Mitrana's actions constituted more than a single negligent mistake.
- There was an underlying concern in the public interest – namely that solicitors should ensure they provide proper advice to their clients about the risks inherent in such transactions.
A more serious sanction was not considered to be proportionate by reference to the following factors in the Enforcement Strategy:
- Ms Mitrana was a newly qualified solicitor at the time of these events, working under the supervision of a more senior and experienced property lawyer.
- There was a low risk of repetition.
- There were no allegations of dishonesty or lack of integrity and Ms Mitrana had not acted intentionally in breach of her regulatory obligations.
Reasons/basis
SRA Principles 2011
Principle 4 You must act in the best interests of each client.
Principle 5 You must provide a proper standard of service to your clients.
SRA Code of Conduct 2011
Outcome O(1.2) You provide services to your clients in a manner which protects their interests in their matter, subject to the proper administration of justice.
Outcome O(1.5) The service you provide to clients is competent, delivered in a timely manner and takes account of your clients' needs and circumstances.