A solicitor banned more than 10 years ago over a ‘gross dereliction of duty’ has been allowed back into the profession – despite opposition from the regulator.
The Solicitors Disciplinary Tribunal ruled that Auran Khattak had demonstrated ‘significant progress’ and should be able to practise again, albeit with conditions attached.
Khattak was judged to have shown evidence of his rehabilitation and had taken 158 courses over a five-month period to help him update his legal and compliance knowledge.
The tribunal found such an attitude was an ‘asset for any solicitor’ and that his readmission posed no harm to the reputation of the profession.
Khattak had been struck off in 2012 after admitting 15 allegations and breaches of several accounts rules. The tribunal at the time found that he showed ‘an almost total disregard of the need to protect his clients and their interests’.
Since then he has worked as a company secretary for a restaurant chain and been promoted to director of legal services, holding a position of substantial trust. He had also been instrumental in setting up charities and working as an executive officer for an association in Birmingham.
Khattak had already been allowed to practise as a barrister and was now working for Midlands firm Allerton & Gladstone, where he had been offered a position as assistant solicitor subject to his being restored to the roll.
The Solicitors Regulation Authority opposed his bid to return, pointing out to the tribunal that the 2012 findings involved a lack of integrity, serious accounts rule breaches and providing false and misleading impressions. Under his supervision and management, his firm at the time had paid a significant amount of money to fictitious sellers’ solicitors and sold clients’ property in breach of their wishes. He had admitted knowing nothing about conveyancing and showed an ‘almost total disregard of the need to protect his clients and their interests’.
Now, it was submitted, the SRA felt that Khattak’s misuse of client money and a lack of integrity would ‘shake the public’s faith in solicitors as a whole’.
The tribunal said it was satisfied that Khattak would be properly supervised and that his firm had adequate safeguards in place to ensure no repetition of his previous misconduct. Conditions on his practising certificate would ensure that if he moved firms, members of the public would still be protected.
His application for restoration to the roll was granted, subject to his not being a manager, owner, partner or compliance officer. He must also not hold client money, be a signatory on any client account or practise conveyancing. He must pay £2,000 costs.
