Date
26 September 2019
Charges
Six charges of misconduct against Vinesh Patel were referred to the Disciplinary Tribunal as follows:
Charge 1
Vinesh Patel failed to maintain high standards of professional and personal conduct and justify public trust in him, his profession and the provision of legal services.
Contrary to: Principle 2 of the CILEx Code of Conduct, outcome 2.2
The particulars of the charge are that between 10 September 2017 and 7 December 2017, Vinesh Patel, a graduate member of CILEx, created a false CILEx membership certificate, namely a certificate purporting to admit him as a Fellow of CILEx on 10 September 2017 knowing he was not a Chartered Legal Executive.
Charge 2
Vinesh Patel failed to behave with honesty and integrity.
Contrary to: Principle 3 of the CILEx Code of Conduct, outcomes 3.1 and 3.2
The particulars of the charge are that on 7 December 2017 Vinesh Patel dishonesty emailed a copy of a fraudulent CILEx membership certificate, namely a certificate purporting to admit him as a Fellow of CILEx on 10 September 2017, to his employer, SSE, intending to mislead them into believing that he was a Chartered Legal Executive, knowing that becoming a Fellow of CILEx was a condition of his employment with them.
Charge 3
Vinesh Patel failed to maintain high standards of professional and personal conduct and justify public trust in him, his profession and the provision of legal services.
Contrary to: Principle 2 of the CILEx Code of Conduct, outcome 2.2
The particulars of the charge are that on 20 June 2019, Vinesh Patel was summarily dismissed from his employer for gross misconduct following an internal fact-finding interview in which Vinesh Patel admitted to submitting a forged CILEx certificate purporting to admit him as a fellow of CILEx.
Charge 4
Vinesh Patel failed to comply with his legal and regulatory obligations and deal with his regulators and ombudsmen openly, promptly and co-operatively.
Contrary to: Principle 4 of the CILEx Code of Conduct, outcome 4.4
The particulars of the charge are that on various dates between 2 July 2019 and 31 July 2019 Vinesh Patel failed to respond to communications from CILEx Regulation, namely by failing to respond to notices of investigation dated 13 June 2019 and 15 July 2019, and by failing to respond to the investigator’s attempts to make telephone contact on 12 and 15 July 2019.
Charge 5
Vinesh Patel failed to behave with honesty and integrity.
Contrary to: Principle 3 of the CILEx Code of Conduct, outcomes 3.1 and 3.2
The particulars of charge are that on or about 7 May 2019, Vinesh Patel dishonestly drafted and sent a Qualifying Employment application form to CILEx Regulation, intending to mislead CILEx Regulation into believing that he had worked at Emersons Law Ltd from 1 September 2014 until 7 May 2019, knowing this to be false.
Charge 6
Vinesh Patel failed to behave with honesty and integrity.
Contrary to: Principle 3 of the CILEx Code of Conduct, outcomes 3.1 and 3.2
The particulars of the charge are that on or about 7 May 2019, Vinesh Patel dishonestly sent an employment reference purporting to be from a solicitor at Emersons Law Ltd, to CILEx Regulation, in support of his Qualifying Employment application, intending to mislead CILEx Regulation into believing that he had worked at Emersons Law Ltd from 1 September 2014 until 7 May 2019, knowing this to be false.
Outcome
The Disciplinary Tribunal found all charges against Mr Patel proved on the balance of probabilities.
Sanction – Indefinite exclusion
In accordance with Rule 30(5)(iv) of the CILEx Regulation Enforcement Rules 2018, the Disciplinary Tribunal ordered the immediate exclusion of Mr Patel from CILEx membership for an indefinite period and that Mr Patel is not permitted to reapply for membership of CILEx for a period of five years
