Law Society-v-Alexander Ritchie Robertson
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| Solicitor(s) |
ALEXANDER RITCHIE ROBERTSON, Solicitor, Messrs Robertson Smith Solicitors, 148 Nethergate, Dundee |
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| Tribunal
Date |
06/12/2007 |
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| Appeal
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| Downloads |
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| Interlocutor |
Edinburgh 6th December 2007. The Tribunal having considered the Complaint dated 16th April 2007 at the instance of the Council of the Law Society of Scotland against Alexander Ritchie Robertson, Solicitor, of Messrs Robertson Smith Solicitors, 148 Nethergate, Dundee; Find the Respondent guilty of Professional Misconduct in respect of his acting in a situation where multiple potential conflicts of interests existed as between his firm’s clients and one of its partners and his failure to advise his clients of the conflicting interests and failure to recommend separate advice, his failure to issue the letters required by the Solicitors (Scotland) Practice Rules 1986, his continuing to act for his client after a clear conflict had arisen arising from the failure of another client to pay the price under the second level missives and his failure to tender appropriate advice, his continuing to act for a number of clients and the bank at that stage and his exposing two of his clients and the bank to a significant risk by drawing down loan funds and effecting partial settlement of one client’s purchase with neither a marketable title nor a valid security available, his failure to credit the sums borrowed from the bank by two of his clients to a ledger account in their name and instead making payment to the ledger account in the name of his partner and his partner’s wife in breach of rule 4 and 6 of Solicitors (Scotland) Accounts etc Rules 1989 and his misleading the bank as to the status of its security; Censure the Respondent; Fine him in the sum of £2,500 to be forfeit to Her Majesty; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal as the same may be taxed by the auditor of the Court of Session on an agent and client indemnity basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
Alistair M Cockburn
Chairman
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