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Andrew Pavlovic wide shot

ANDREW PAVLOVIC

Partner
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Andrew Pavlovic is a Partner specialising in SRA professional discipline and regulatory investigations.

Recognised by Legal 500 UK as a “Next Generation Partner” in the field of professional discipline, Andrew has substantial experience in advising firms and individuals that are subject to regulatory investigations or prosecutions.  He has negotiated regulatory settlement agreements with the SRA, including in cases where serious allegations have been made, and has experience of conducting lengthy and complex proceedings before the Solicitors Disciplinary Tribunal.

Andrew is regularly instructed by both individual lawyers and firms in relation to sexual misconduct allegations. More recently he has received a number of instructions in relation to allegations of unfair treatment, bullying and harassment. He has written a number of articles and spoken at webinars on workplace misconduct, and provides partner behavioural training to law firms on the new SRA rules relating to the treatment of colleagues, as well as the SRA’s sexual misconduct and workplace environment guidance.

Andrew often provides regulatory advice alongside our partnership/employment specialists, where internal investigations are taking place in relation to alleged misconduct which may trigger the requirement for either the firm or the individual to self report the matter to the SRA or other regulators.

Alongside advising on workplace conduct issues, Andrew has recently advised on a range of other regulatory matters including (1) own interest conflicts (2) use of the client account as a bank account (3) criminal offences/allegations in respect of conduct occurring outside of the office; and (4) AML authorisation issues.

At his previous firm Andrew acted for the Solicitors Regulation Authority (“SRA”) for several years, assisting in complex disciplinary proceedings before the Solicitors Disciplinary Tribunal and subsequent appeals to the High Court, as well as cases where the SRA obtained injunctive relief (The Law Society (Solicitors Regulation Authority) v Dixit Shah (AKA Sanjay Shah) [2014] EWHC 4382 (Ch)).

Andrew’s exposure to the methods of the SRA and their approach to cases puts him in a strong position when advising both firms and lawyers who are subject to regulatory investigations.

Andrew also has strong expertise in commercial litigation. He has acted for a wide range of clients, including law firms and partners, high-net-worth individuals, companies, charities and regulators.  He has considerable experience in professional negligence claims against solicitors, and edited the “Lawyers Liability” chapter of The Law of Legal Services and Practice (2nd edition).  He also conducts civil fraud cases involving injunctive relief and is a member of the Commercial Fraud Lawyers Association.  He advises on defamation and reputation management issues, including claims pursuant to the Protection from Harassment Act 1997.

Andrew was admitted as a solicitor in England and Wales in September 2010.

REPUTATION, NOMINATIONS AND AWARDS

 A calming influence on any case he works on… providing clear, thoughtful and commercially astute advice. (Legal 500 UK 2024)

Andrew Pavlovic’s specialism in SRA regulation and professional firm disciplinary matters places him at the heart of the thorny issues facing many professional firms. (Legal 500 UK 2023)

POSITIONS AND MEMBERSHIPS
  • Member of the Association of Regulatory and Disciplinary Lawyers
  • Member of the International Bar Association Professional Ethics Committee
  • Member of the Commercial Fraud Lawyers Association
  • Member of the London Solicitors Litigation Association
  • Former treasurer of the South London Law Society from 2015-2019
RECENT MATTERS

Professional Discipline

  • Law Firms
    • Advising a law firm in relation to allegations of bullying made against a partner, including advising on self reporting to the SRA and on-going advice throughout the firm’s internal investigation/ the SRA’s investigation.
    • Advising a law firm in relation to sexual misconduct allegations made against a senior employee, from initial advice on self reporting to on-going advice throughout the firm’s internal investigation and on-going communications/updates to the SRA.
    • Providing self reporting and other advice to a law firm in respect of an SRA investigation into alleged dishonest conduct by a partner, including advising the firm on whether it had taken sufficient steps to comply with its own obligations under the Code of Conduct to effectively supervise the partner’s matters.
    • Advising a law firm as to whether conduct by a partner towards a trainee amounted to a breach of the SRA’s new rules on treating colleagues fairly and with respect, and, if so, whether the self reporting threshold had been met.
    • Advising a law firm in relation to an allegation that it had acted/continued to act in circumstances where an alleged error on a matter had given rise to an own interest conflict.
    • Advising a law firm in relation to allegations that it had used its client account as a bank account.
    • Advising a law firm on their self reporting obligations in relation to potentially dishonest conduct by a non-lawyer employee.
    • Advising a law firm in relation to a range of compliance issues, including applications for new compliance officers (COLP, COFA, MLRO & MLCO), updates required to their BOOM register, and AML compliance.
    • Providing partner behavioural training to various law firms on the SRA’s new rules relating to the treatment of colleagues, as well as the SRA’s workplace environment and sexual misconduct guidance.
  • Individuals
    • Advising a number of law firm partners/associates subject to SRA investigations in respect of allegations of sexual misconduct.  Three investigations closed with no further action in the last 12/18 months.
    • Currently instructed by a law firm partner in relation to allegations of bullying and harassment.
    • Advising an individual in relation to a decision by an SRA adjudicator to place conditions on his Practicing Certificate pending a criminal trial.  Drafting submissions to the SRA which resulted in the SRA agreeing not to publicise the decision.
    • Advising an individual who had acted as a solicitor for a short period of time where they were not authorised to do so due to a failure to apply for a Practising Certificate.  Drafted correspondence to the SRA who confirmed they were taking no further action.
    • Represented a veterinary surgeon accused of dishonesty and “disgraceful conduct” in a 3-day hearing before the Royal College of Veterinary Surgeons Disciplinary Committee.
    • Advising a partner at a large accountancy firm on his self-reporting obligations to the Institute of Chartered Accountants for England and Wales, following the commencement of a disciplinary investigation against him in respect of alleged sexual misconduct.
    • Advised various FCA regulated individuals accused of misconduct on the regulatory reference regime.

Commercial litigation

  • Obtained an interim injunction pursuant to the Protection from Harassment Act 1997 to prevent the alleged intimidation of company staff at/outside the company’s premises;
  • Currently instructed in a professional negligence claim against a firm of solicitors for their conduct of a probate dispute;
  • Currently instructed by defendants in civil proceedings in the High Court of Justice, Chancery Division, in relation to an alleged investment agreement, the terms of which the defendants are alleged to have breached.

Partnership

  • At his previous firm, Andrew acted pursuant to a general retainer for a law firm, advising on, among other things, the following:
    • Advising a partner at the firm and negotiating a regulatory settlement agreement with the SRA, in respect of serious allegations of acting dishonestly and without integrity;
    • Providing initial advice on the firm’s potential conversion to an ABS and the requirement to notify/obtain the SRA’s approval in respect of the appointment of non-authorised persons.
    • Reviewing proposed engagement letters and advising as to whether the proposed arrangements complied with the relevant Conditional Fee/Damages Based Agreement Regulations;
    • Advising in respect of the firm’s entitlement to assert a lien over its files in circumstances where negligence was alleged by the client;
    • Advising on the firm’s obligations to disclose documents to a client’s trustee in bankruptcy;
    • Advising on/drafting a response to the SRA in respect of a complaint made to them about the firm by a third party.
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