Disciplinary Record - Hyam Lehrer

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 14 March 2025

Published date: 25 March 2025

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Messila House Ltd

Address(es): 51 South Audley Street, London W1K 2AA

Firm ID: 80323

Outcome details

This outcome was reached by agreement.

Decision details

1 Agreed outcome

1.1 Hyam Lehrer, a solicitor, agrees to the following outcome to the investigation of his conduct by the Solicitors Regulation Authority (SRA):

1.1.1 he agrees to come off the roll of solicitors.

1.1.2 to the publication of this agreement.

1.1.3 he will pay the costs of the investigation of £1350.

1.2 Hyam Lehrer provides the following undertakings to the SRA:

1.2.1 to make an application to remove himself from the roll immediately.

Reasons/basis

2 Summary of Facts

2.1 On 1 July 2023, the SRA received a report which said that Hyam Lehrer may have been undertaking reserved legal activities without proper authorisation to do so.

2.2 He had been acting for clients in the purchase of new build apartments. While Mr Lehrer did not negotiate or amend the draft contracts and leases, he did approve them on behalf of his clients. He signed the contracts on their behalf and effected their exchange. Mr Lehrer also confirmed to the vendor's solicitors that he was instructed to register the leases.

2.3 Mr Lehrer was acting for the purchasers in his capacity as in-house lawyer for estate agents, Messila House Limited. He was not authorised to undertake reserved instrument activities either by the SRA or by another approved regulator within the meaning of Part 4 Legal Services Act 2007. He was not authorised as a sole practitioner or freelance solicitor. Mr Lehrer did not work for an SRA authorised body.

2.4 On 18 August 2023 Mr Lehrer admitted carrying out reserved legal activities, operating a client account and not having any insurance. He also admitted to having dealt with approximately 25 matters since 2017.

2.5 He received client money in the total sum of approximately £86,000,000 into a personal bank account between December 2017 and January 2024.

2.6 Mr Lehrer's practice was intervened into by a decision dated 8 April 2024. Mr Lehrer did not renew his practising certificate on 1 November 2024, having had conditions imposed on his previous practising certificate on 25 September 2024.

2.7 Hyam Lehrer was born on 1 August 1941. He has stated throughout the investigation that he no longer wishes to practice.

2.8 Throughout the investigation no evidence was found of dishonest conduct, misappropriation of client money, client loss or detriment.

3 Admissions

3.1 Hyam Lehrer makes the following admissions which the SRA accepts:

3.1.1 He received client money into his own account. He therefore breached Paragraph 4.3 Code of Conduct for Solicitors, RELs and RFL, Principle 2 of the SRA Principles: you act in a way that upholds public trust and confidence in the solicitors' profession and Principle 7 of the SRA Principles: you act in the best interests of each client.

3.1.2 Between 14 January 2020 and 26 June 2023 whilst employed by Messila House Ltd he undertook reserved instrument activities (within the meaning of Paragraph 5 Schedule 2 Legal Services Act 2007), when he was not entitled to do so. He therefore breached Principle 5 of the SRA Principles: you act with integrity, Principle 2 of the SRA Principles: you act in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised person and s.13 Legal Services Act 2007

4. Why this is an appropriate outcome

4.1 The SRA's Enforcement Strategy sets out its approach to the use of its enforcement powers where there has been a failure to meet its standards or requirements.

4.2 When considering the appropriate sanctions and controls in this matter, the SRA has taken into account the admissions made by Hyam Lehrer and the following mitigation:

4.2.1 Mr Lehrer is 83 years old and since 2017 has had a serious medical condition.

4.2.2 Mr Lehrer has not renewed his practising certificate for 2024/2025 and has stated his intention to no longer practice.

4.2.3 At an early stage in the investigation, Mr Lehrer admitted the conduct and stated that he had…' done wrong'.

4.3 The SRA considers that this is the appropriate outcome because:

4.3.1 Although there was a high risk of detriment to clients because of his conduct, we have not found evidence of actual losses.

4.3.2 It is not in the public interest to refer Mr Lehrer to the Solicitors Disciplinary Tribunal due to his age and illness.

4.3.3 He is no longer practising and so he is no longer a risk to clients and the reputation of the profession.

5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory and disciplinary process. Hyam Lehrer agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Hyam Lehrer agrees that he will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

6.2 If Hyam Lehrer denies the admissions or breaches the undertaking referred to in paragraph 1.2 above, or acts in a way which is inconsistent with this agreement, the conduct which is subject to this agreement may be considered further by the SRA. That may result in a disciplinary outcome or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations.

6.3 Denying the admissions made or acting in a way which is inconsistent with this agreement may also constitute a separate breach of principles 2 and 5 of the principles and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.

7. Costs

7.1 Hyam Lehrer agrees to pay the costs of the SRA's investigation in the sum of £1350. Such costs are due within 28 days of a statement of costs due being issued by the SRA.

Decision - Closure

Outcome: Intervention

Outcome date: 10 April 2024

Published date: 10 April 2024

Firm details

No detail provided:

Outcome details

This outcome was reached by SRA decision.

Decision details

To intervene into the practice of Hyam Lehrer, including but not limited to his practice under the style of Messila House Ltd.

Reasons/basis

It is necessary to intervene to protect the interests of clients or former clients and any beneficiaries of any trust of which Mr Lehrer is or was a trustee - paragraph 1(1)(m) Schedule 1, Part I Solicitors Act 1974.

Intervening agents

Emma Porter of Shakespeare Martineau, No 1 Colmore Square, Birmingham, B4 6AA has been appointed as the intervening agent.

For enquiries please call 0300 247 2470 or email interventions@shma.co.uk