Solicitor admits reckless conduct in mortgage mis-selling claims, fined £12.5k by tribunal
Solicitor Samira Mohamed Seth has been fined £12,500 after admitting to a series of professional failings in her handling of mortgage mis-selling claims. The Solicitors Disciplinary Tribunal (SDT) ruled that her conduct placed clients’ insurance policies at risk, breaching key regulatory principles.
At the time of the misconduct, Ms Seth was the sole manager of her law firm, as well as its Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA). Between February 2020 and June 2022, she had direct conduct of and oversight over junior staff working on multiple mortgage mis-selling (MMS) cases.
The Tribunal heard that when advising clients on MMS claims, Ms Seth failed to inform them of alternative options beyond instructing the firm to pursue litigation. This omission meant clients were not fully aware of possible routes to address their cases — a fundamental breach of the duty to give clear and comprehensive advice.
Her failings did not end there. In one case, known as Client A’s matter, she neglected entirely to send an adverse counsel’s opinion to the After-the-Event (ATE) insurer. In another, Client B’s matter, she delayed sending such an opinion, risking the insurer’s ability to respond promptly. Both situations undermined the security of the clients’ insurance arrangements, which were essential to protect them from adverse costs in the event of losing their claims.
Embed from Getty ImagesAdditionally, the Tribunal found that Ms Seth failed to obtain prior approval from ATE insurers before issuing claims on behalf of clients. This step was a standard requirement designed to safeguard the validity of the insurance cover. By bypassing it, she placed her clients in a vulnerable position, potentially leaving them unprotected against significant financial liabilities.
Ms Seth admitted the allegations against her in full, including breaches of the Code of Conduct for Solicitors, RELs and RFLs 2019, and the SRA Principles 2019. She also admitted to acting recklessly in relation to one of the charges — an acknowledgement that her actions demonstrated disregard for obvious risks.
The SDT emphasised that her admissions were properly made and that the facts clearly supported the allegations. The Tribunal described her failings as serious, given her position of authority and the trust placed in her as both a solicitor and a compliance officer.
By failing to inform clients of their options, neglecting insurer communications, and proceeding with claims without approval, Ms Seth compromised not only the interests of her clients but also the reputation of the profession. The ruling underscored the vital role solicitors play in ensuring clients receive informed advice and are adequately protected throughout legal proceedings.
In determining the sanction, the Tribunal considered her cooperation with the investigation, her admissions, and the absence of any suggestion that she had acted dishonestly. Nevertheless, her position as the sole manager and dual compliance officer meant she bore ultimate responsibility for the systemic failures identified.
The penalty imposed was a £12,500 fine, reflecting the seriousness of the breaches while taking into account the mitigating factors. The Tribunal also recorded the case as a warning to other legal professionals about the importance of adhering strictly to procedural and insurance requirements in litigation.
The decision serves as a stark reminder that even experienced solicitors can face significant financial and reputational consequences when they neglect core professional duties. For clients, it highlights the importance of being fully informed about their legal options — and ensuring their representatives follow the rules designed to protect them.
