Calabrian Property Developments

Potential action against Giambrone Law LLP

The SRA have, by a decision dated 7 July 2009, imposed certain conditions on Gabriele Giambrone:

“PC condition details:
On 7 July 2009, a Panel of Adjudicators Sub-Committee decided to impose immediate conditions on Mr Giambrone's registration as a Registered European Lawyer pursuant to paragraph 6 of the European Lawyers Registration Regulations 2000 and/or Regulation 6 of the SRA Practising Regulations 2009 that, he may act as an REL only in employment which has first been approved by the Solicitors Regulation Authority, he is not a sole practitioner or a manager or owner of a recognised body; and Mr Giambrone shall immediately inform any actual or prospective employer of these conditions and the reasons for their imposition.

Reasons/basis:
The Committee noted the serious breaches by Mr Giambrone of the Solicitors Accounts Rules 1998 and the Solicitors Code of Conduct 2007 as detailed in the Report of Forensic Investigations dated 20 February 2009. The Committee noted Mr Giambrone’s express confirmation that all of his practices as an REL within England and Wales have been or are in the course of being closed. On this basis the Committee deferred consideration of whether it was necessary to effect an intervention and fully expect that to happen in accordance with his assurances. The above conditions are intended to allow Mr Giambrone to effect a proper closure of his practices whilst allowing the SRA to regulate his future practice as an REL in view of the serious concerns identified. The Committee was very concerned about the transfer of some 1500 client files to Italy in August 2008 without the clients’ express and informed consent. The Committee considered that the transfers were clearly not in the clients’ interests especially when combined with Mr Giambrone’s unwillingness to deal with the large number of apparently serious complaints he has received and his failure to date in 3 instances to comply with adjudications of the Legal Complaints Service. The Committee therefore considered that Mr Giambrone is putting or is likely to put at risk the interests of clients and that by imposing the above condition, such risks will be restricted. The Committee considered that in all the circumstances the imposition of the condition was proportionate and appropriate.”