Law Society v James Joseph McGinley and Anne-Marie McGinley
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| Solicitor(s) |
JAMES JOSEPH McGINLEY, Solicitor, Unit 10, 355 Byres Road, GLASGOW (First Respondent)and ANNE-MARIE McGINLEY, Solicitor, Unit 10, 355 Byres Road, GLASGOW (Second Respondent)
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| Tribunal
Date |
26/06/2008 |
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| Appeal
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| Downloads |
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| Interlocutor |
Edinburgh 26 June 2008. The Tribunal having considered the Complaints dated 21 December 2007 and 9 April 2008 at the instance of the Council of the Law Society of Scotland against James Joseph McGinley, Solicitor, Unit 10, 355 Byres Road, Glasgow (“the First Respondent”) and Anne-Marie McGinley, Solicitor, Unit 10, 355 Byres Road, Glasgow (“the Second Respondent”); Find the First Respondent guilty of professional misconduct in cumulo in respect of his repeated failure to respond to correspondence from his fellow Solicitors; his delay and at times failure to respond to the reasonable enquiries of the Complainers in the course of their investigation and to complaints made against him; his repeated failure to make timeous and in some cases any payment in respect of Counsel’s fees instructed by him or through his firm and his failure to comply with the scheme of accounting and recovery of Counsel’s fees; his failure to comply with statutory notices served by the Complainers and to deliver files as required of him; Find the Second Respondent guilty of professional misconduct in cumulo in respect of her repeated failure to make timeous and in some cases any payment in respect of Counsel’s fees instructed by her or through her firm and her failure to comply with the scheme of accounting and recovery of Counsel’s fees; her delay and at times failure to respond to the reasonable enquiries of the Complainers in relation to the investigation of complaints against her; her failure to comply with statutory notices issued by the Complainers and to deliver files as required of her; Censure the First Respondent; Censure the Second Respondent; Find that both Respondents have failed to comply fully with the Determination and Direction given by the Council of the Law Society of Scotland under Section 42A of the Solicitors (Scotland) Act 1980 within the period specified; Direct that an Order be issued under Section 53C of the said Act; Find the Respondents jointly and severally 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 a Solicitor 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 £14.00; and Direct that publicity will be given to this decision and that this publicity should include the names of the Respondents.
A. Cockburn
Chairman
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