Lawyer Struck Off Over Signature Verification

On 21st November 2022, the Solicitors Tribunal handed down its judgment in a case that serves as a warning to those persons contemplating embarking on a career and those in the fortunate position to have held a long-established tenure in the legal profession. The case involved a solicitor who on the evidence submitted appears to have deviously authenticated a document by serving in his capacity as a witness to the respective signature process. The matter is exceptionally serious for the legal professional at the center of the matter and the judgment handed down by the Solicitors Disciplinary Tribunal prevents him from taking instructions from and representing clients in the jurisdiction of England and Wales.  

What Have I Done?

The legal professional appears from the records to have achieved his qualification around 2009 permitting him to act as a solicitor. However, like most good things they eventually come to a halt, and in this case, the legal professional found himself at the mercy of the Solicitors Regulation Authority via the Solicitors Disciplinary Tribunal. From reading the judgment the legal professional had been acting for a client in the negotiation of a lease involving a property. Usually, the property would be transferred, registered if necessary and the legal professional would seemingly hear no more about it. However, this case was slightly different in the sense that the arrangement for the property ended up finding itself being the subject of court proceedings specifically centering around the lease document itself. 

The Truth Will Out

During the finalization of the lease, the legal professional appears to have been present at the time the person instructing the provider of legal services inserted their signature in the presence of two persons who were acting as witnesses. However, the matter appears to have attracted the regulator when it later emerged that the witness had not been present the moment the witness’s signature had been added. The evidence appeared to strongly indicate that the legal professional’s version of events was entirely fictional        

O What A Tangled Web We Weave…

However, during the legal proceedings, this error was discovered when some legal professionals posed questions regarding the circumstances over both the signature and stamping of the document. The legal professional to his credit openly admitted that the document was not signed in the presence of the witness. However, the SRA launched an investigation into the legal professional’s conduct. 

What Did The Solicitors Regulation Authority Say?

The Regulator reviewed the evidence and found that he had violated Principles two and six of the SRA Principles by acting dishonestly in the way he had purportedly confirmed that he had witnessed a person applying his signature to a document in his presence. However, the Solicitors Disciplinary Tribunal was particularly upset to discover that he appeared to have known that this statement was untrue. On this basis, the Tribunal decided to strike off the solicitor from the roll preventing him from practicing as a solicitor.     

Pages Turned…Lessons Learned

In light of this case legal professionals need to be ensuring they are

• extremely cautious around the area of document signatures
• adhere to the expected high standards expected of legal professionals
• ensuring they are clear on the paperwork that a person is not in the room   
• communicating to clients that they would like a document witnessed in person where possible    
• not allowing their independence to be compromised
• not tarnishing the public’s perspective of the firm
• not seeking to disguise unprofessional conduct and
• keeping their integrity 

To avoid using their status as a solicitor lawyers need to be keeping this case in mind. 

ASSESSING FIRMS

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THE ARTICLE WAS WRITTEN USING THE FOLLOWING SOURCES 

[SOURCE 1] Solicitors Regulation Authority Ltd v MD Mohiuddin Hossain – Case Number 12348-2022  - Solicitors Disciplinary Tribunal - 12348-2022.Hossain.pdf (solicitorstribunal.org.uk)

[SOURCE 2] Rose, Neil – Solicitor who dishonestly confirmed witnessing signature struck off – Legal Futures – 12 December 2022 - Solicitor who dishonestly confirmed witnessing signature struck off - Legal Futures

[SOURCE 3] Robertson, Darcy – Lawyer dishonestly confirming witness signature swabbed off – 12 December 2022 – London News - Lawyer dishonestly confirming witness signature swabbed off (ukdaily.news)

[SOURCE 4] R v Hayward, Jones and Purvis [2001] QB 862