By David Young-
The Solicitors Regulation Authority(SRA) have announced its prosecution of celebrity lawyer, Soophia Khan, who was jailed in January after being found liable for contempt for breaching two High Court orders requiring her to deliver up client files to the regulator following its intervention into her Leicester practice.
Khan was jailed by a High Court judgeMr Justice Leech , after refusing to hand over client’s files, leading to the SRA to forcibly close down her Leicester -based firm in August whilst it investigated her fKhan describes herself as a legal expert on Tasers and has frequently appeared on TV and radio.
Her Leicester-based firm was closed by the Solicitors Regulation Authority (SRA) in August while it investigateD her for allegations of dishonesty.
Despite her suspension from practising, she declined to give the SRA her files.
Yesterday, the SRA published a decision notice stating that it has referred her to the tribunal, listing 11 allegations. The dates for the hearing will be set by the Solicitor Disciplinary Tribunal.
The allegations against her include settling costs claims on behalf of two clients without informing them of the settlement offer or its acceptance, receiving a settlement cheque that was paid directly into the firm’s office account without first sending a bill of costs to the clients, and fabricating or falsifying a pro-forma fee note purporting to show contemporaneous notification to the clients of the costs claimed by the firm.
The SRA also alleges that Khan failed to deliver up practice documents within her possession as required by the intervention notice, and failed to deliver up items listed in two High Court orders.
During committal proceedings last December, the regulator asked the High Court to exercise its jurisdiction to strike Khan off the roll, submitting that to do so would be ‘vastly more efficient for the public purse and Ms Khan’ – a request that was rejected by Mr Justice Leech, who said there may be wider grounds of mitigation that Khan might be able to put before the tribunal.
The Tribunal has certified that there is a case to answer in respect of allegations which are or include that, while in practice at Sophie Khan & Co Ltd and subsequently following the Intervention into the practice, she:-
She is also being prosecuted for settled damages claims advanced on behalf of two clients for sums substantially lower than the sums she had advised the clients they would receive and in circumstances where she had neither sought nor obtained authority from the clients to settle the claims at that level.
Settled costs claims advanced on behalf of two clients without informing them of the offer of settlement or of its acceptance and without seeking or obtaining authority from the clients to settle the claims;
Received a cheque in respect of the settlement of costs claims and paid the cheque directly into the Firm’s office account without first giving or sending a bill of costs or other written notification of the costs incurred to the clients
On an unknown date, but after 26 November 2019, Khan was accused of fabricating or falsifying a pro-forma Fee Note and letters purporting to show contemporaneous notification to the clients of the costs claimed by the Firm.
The lawyer also received a cheque in respect of the settlement of the clients’ costs claims to which the clients’ former solicitors had or asserted a claim and paid the cheque directly into the Firm’s office account without accounting for the former solicitors’ costs.
Breached the undertakings she had given to the former solicitors of the clients to protect the former solicitors’ position on costs and/or failed to ensure that the Firm complied with the undertakings as it was required to do for which she was responsible;
Co-operation
She also failed to cooperate with the SRA and/or the Legal Ombudsman in relation to investigations by the SRA and the Legal Ombudsman into her conduct and practice at the Firm and/or failed to ensure that the Firm complied with its obligation to cooperate with the SRA and/or the Legal Ombudsman as it was required to do;
The prominent lawyer is also being prosecuted for failing to ensure that the Firm complied with the Legal Ombudsman’s final decisions dated 26 November 2019 in relation to a complaint and/or the Firm’s obligation to cooperate with the Legal Ombudsman.
Other failures include ensuring that the Firm complied with Court Orders where there was no reasonable excuse for the Firm’s failure to comply, and the requirement to deliver up practice documents of her own practice and the Firm’s practice that were within her possession and/or control as required by the SRA’s Intervention Notice dated 19 August 2021.
The lawyer also failed to deliver up items listed in Schedule B of an Order dated 7 September 2021 and of an Order dated 21 September 2021 in accordance with the terms of the Order or at all. In doing so, she committed a contempt of court.
The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.