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KHADIM THATHALL v BAR STANDARDS BOARD

Having regard to the serious nature of professional misconduct perpetrated by a junior barrister with a view to obtaining pupillage at chambers he helped set up to create pupillage opportunities, and which were inadequate to provide proper pupillage, a suspension of practice was an appropriate sanction. In the light of mitigating factors the period of suspension would be reduced from 30 to 24 months.

28 April 2009

The appellant (T) appealed against the decision of the Disciplinary Tribunal of the Council of the Inns of Court that he had engaged in dishonest conduct contrary to the Code of Conduct of the Bar of England & Wales para.301(a)(iii) and should be suspended from practice for a period of 30 months. T and a friend (K) had established a set of chambers on the understanding that they would be first in line for pupillage. Two barristers of several decades' call also joined the chambers, but took very little part in its work. One, who was head of chambers, was the only member authorised to supervise a pupil, and he rarely received briefs, rarely attended chambers and played no part in its administration. K was subsequently awarded pupillage there after a selection procedure that amounted to a charade, and T was appointed as senior clerk. T and K continued to work as immigration advisors for a law firm set up by K. Following deterioration of relations between T and K, T notified the Bar Cou...

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