Law Society-v-Iain Robertson

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Solicitor(s)	IAIN ROBERTSON, 7 Causeyside Street, Paisley
Tribunal Date	24/09/2008
Appeal Status	No Appeal
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Interlocutor	Edinburgh 24 September 2008. The Tribunal having considered the revised Complaint dated 19 March 2008 at the instance of the Council of the Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh against Iain Robertson, 7 Causeyside Street, Paisley; Find the Respondent guilty of Professional Misconduct in respect of his breach of the Legal Aid (Scotland) Act 1986 by his seeking and accepting a private payment to account from a client of £31000 when only £11792.30 was required to cover work done prior to the date of the grant of Legal Aid, his deliberately rendering invoices to his client and taking payment for these on a private basis despite knowing a Legal Aid Certificate was in place for the same work namely fees totalling £21308.52, his accepting private payments to account of outlays from his client totalling £587.50, his charging his client privately twice in relation to outlays totalling £529.41 and his deliberately retaining funds of £2137.50 from his client to pay the balance of an expert report where the Legal Aid Board had abated the fee to £800 from £2937.50 and his failure to provide his client with an adequate explanation in relation to matters, in particular the fees and outlays in relation to Legal Aid at the outset, in relation to the divorce action; Censure the Respondent; Fine him in the sum of £5000 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 £14.00; 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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