Scottish Solicitors' Discipline Tribunal - On-Line Findings Database

Law Society-v-John Gerard O'Donnell

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Solicitor(s)

JOHN GERARD O’DONNELL, Solicitor, 15 Clarkston Road, Glasgow

Tribunal Date

16/01/2008

Appeal Status

No Appeal

Downloads

Interlocutor

Edinburgh 16 January 2008. The Tribunal having considered the Complaints dated 18 June and 21 June 2007 at the instance of the Council of the Law Society of Scotland against John Gerard O’Donnell, Solicitor, 15 Clarkston Road, Glasgow; Find the Respondent guilty of Professional Misconduct in cumulo in respect of his repeated failure between 14 July 2000 and 22 March 2007 to settle Counsel’s fees, his delay and/or failure to record heritable deeds with the Registers of Scotland on behalf of his clients, his breach of rules 6, 8 and 24 of the Solicitors (Scotland) Accounts etc Funds Rules 2001 and his unreasonable delay in responding to the reasonable enquiries of the Complainers; Censure the Respondent; Fine him in the sum of £500 to be forfeit to Her Majesty and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that the Respondent’s practising certificate be subject to a condition that the books and records of the Respondent’s practice be inspected by the Council of the Law Society of Scotland no later than 30 June 2008 and thereafter at nine monthly intervals on two further occasions, the last of which to take place no later than 31 December 2009, all such inspections to be at the expense of the Respondent; 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.

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