Past disciplinary findings

Mohammad Ashraf, a barrister within the meaning of Part X of the Code of Conduct, practised as a barrister within the meaning of paragraph 201(a) in that in about November 2002 he provided legal services within the meaning of Part X of the Code of Conduct and held himself out as a barrister in that:

(i) he drafted a Legal Separation Agreement dated 3 November 2002 between Mr K and Mrs K; and

(ii) he drafted an Agreement between himself and Mrs K dated 3 November 2002; and

(iii) he represented Mrs K in negotiations with Mr K in relation to her divorce from Mr K, including matters relating to ancillary relief; and

(iv) he held himself out as a barrister by using a business card (which he gave to Mrs K) on which he described himself as ?Barrister M Ashraf Barrister of Lincoln?s Inn?;

in circumstances where

(a) he had not complied with any training requirements imposed by the Consolidated Regulations which were in force at the date of his call to the Bar in that he failed to complete any relevant period of pupillage such as would qualify him to practise as a barrister in compliance with paragraph 202, sub-paragraph (a); and

(b) he failed to hold a current practising certificate issued by the Bar Council in compliance with paragraph 202, sub-paragraph (c).

Mohammad Ashraf, a barrister within the meaning of Part X of the Code of Conduct, in about November 2002 received a sum of ?30,000.00 on Mrs K?s behalf and has since refused to pay to Mrs K the balance of that sum, approximately ?21,000.00 or alternatively ?24,000.00, due and owing to Mrs K. Such conduct is dishonest and discreditable to a barrister pursuant to paragraph 301, sub-paragraph (a)(i) of the Code of Conduct.

Mohammad Ashraf, a barrister within the meaning of Part X of the Code of Conduct, in about November 2002 received a sum of ?30,000.00 on Mrs K?s behalf and persuaded Mrs K to permit him to retain that sum so as to preserve her eligibility for benefits payable by the Department of Work and Pensions. Such conduct is dishonest and discreditable to a barrister pursuant to paragraph 301, sub-paragraph (a)(i) of the Code of Conduct.

Mohammad Ashraf, a barrister within the meaning of Part X of the Code of Conduct, in about November 2002 received a sum of ?30,000.00 on Mrs K?s behalf and has since refused to pay to Mrs K the balance of that sum, approximately ?21,000.00 or alternatively ?24,000.00, due and owing to Mrs K as aforesaid and has threatened Mrs K that he will report her to the Department of Work and Pensions if she attempts to take any action against him. Such conduct is dishonest and discreditable to a barrister pursuant to paragraph 301, sub-paragraph (a)(i) of the Code of Conduct.

The Bar Council having reasonable grounds for believing that circumstances had arisen as a consequence of which a breach of the Code of Conduct had occurred, Mohammad Ashraf, a barrister within the meaning of Part X of the Code of Conduct, failed to respond promptly to requests from the Bar Council for comments and information on such circumstances. Letters dated 18 May, 15 June, 6 July and 24 July 2006 were sent from the Bar Council seeking comments and information on such circumstances which related to Mr Ashraf?s conduct and were described in the letters. Mr Ashraf failed to reply to any of these letters.