Decision date:
22 February 2024
Decision
Exclusion – (fixed period) – 6 months
Details
Irina Schwab FCILEX admitted the following allegations of professional misconduct:-
Contrary to Principle 2, Outcome 2.2 of the CILEx Code of Conduct she failed to maintain high standards of professional and personal conduct and justify public trust in her, her profession, and the provision of legal services by engaging in conduct which could undermine or affect adversely the confidence and trust placed in her and her profession by her client, her employer, professional colleagues, the public and others in that she posted misleading or inaccurate information on the firm’s Facebook page suggesting that she or her firm had represented a client in Court when she had not.
Contrary to Principle 4, Outcome 4.1 and Principle 5, Outcome 5.6 of the CILEx Code of Conduct she failed to
i) comply with her legal and regulatory obligations and deal with regulators and ombudsmen openly, promptly and co-operatively by failing to understand and comply with the law and regulation applicable to her;
ii) act competently, in the best interests of her client and respect client confidentiality by acting in a matter where she did not have the right or were not authorised to act;
in that she provided the following reserved legal activities to clients when she was not authorised to do so;
a) rights of audience between July 2019 and March 2020
b) reserved instrument activities (Completing and submitting applications to HM Land Registry on 30th November 2017 and 10 April 2019.
Contrary to Principle 8, Outcome 8.6 of the CILEx Code of Conduct she failed to act effectively and in accordance with proper governance and sound financial and risk management principles by failing to adhere to effective procedures to ensure compliance with her legal and regulatory obligations in that she failed to nominate a Money Laundering Officer as required by Regulation 21(1)(a) and 21(3) of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
Contrary to Principle 9, Outcome 9.1 of the CILEx Code of Conduct she failed to Protect client money and assets by failing to identify, assess, manage and promptly address risks to money and assets entrusted to her by clients and others; by transacting client funds in relation to reserved legal activities, through a client account when Schwab & Co were not regulated.
Outcome
Irina Schwab admitted the allegations and, in accordance with Rule 18(1) CILEx Regulation Enforcement Rules, agreed to determine the allegation by consent and the imposition of exclusion from CILEX for a period of 6 months
Sanction – Exclusion (fixed period)
The Professional Conduct Panel approved a Determination by Consent Order to exclude Irina Schwab for 6 months.
