Solicitors Regulation Authority v Sharma

Solicitors Regulation Authority v Sharma

The Tribunal's decision to suspend rather than strike off was excessively lenient because the respondent's repeated acts of forgery and dishonesty, which were not momentary lapses, went to the heart of a solicitor's duties and caused harm to the public interest, regardless of whether clients suffered financial loss. The normal sanction for such dishonesty is striking off, and no exceptional circumstances justified a lesser penalty.

Parties
Claimant: Solicitors Regulation Authority; Defendant: Sharma
Jurisdiction
England and Wales
Judgment Date
18 May 2010
Procedural Posture
Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal
Outcome
Appeal allowed; sanction increased
Legal Topics
Dishonesty by Solicitor, Sanctions for Professional Misconduct, Striking Off, Suspension, Forged Documents
Professional Discipline Legal Profession Dishonesty by Solicitor Sanctions for Professional Misconduct Striking Off Suspension Forged Documents

Case Brief

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Parties

Solicitors Regulation Authority

Claimant

Sharma

Defendant

Procedural Posture

Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Solicitors Disciplinary Tribunal's sanction of suspension for dishonesty was excessively lenient
  2. 2 Whether the respondent's conduct warranted striking off the roll

Ratio Decidendi

The Tribunal's decision to suspend rather than strike off was excessively lenient because the respondent's repeated acts of forgery and dishonesty, which were not momentary lapses, went to the heart of a solicitor's duties and caused harm to the public interest, regardless of whether clients suffered financial loss. The normal sanction for such dishonesty is striking off, and no exceptional circumstances justified a lesser penalty.

Court Disposition

Appeal allowed; sanction increased

Orders

  • Respondent to be struck off the Roll of Solicitors