Scottish Solicitors' Discipline Tribunal - On-Line Findings Database

Law Society-v-Tom Hay

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Solicitor(s)

TOM HAY, Solicitor, 7 Tarmangie Drive, Dollar

Tribunal Date

21/04/2009

Appeal Status

No Appeal

Downloads

Interlocutor

Edinburgh 21 April 2009. The Tribunal having considered the Complaint dated 3 February 2009 at the instance of the Council of the Law Society of Scotland against Tom Hay, Solicitor, 7 Tarmangie Drive, Dollar; Find the Respondent guilty of Professional Misconduct in respect of his fabrication of three letters which he addressed to the Scottish Health Services Central Legal Office and his placing them within two files in the offices of Kerr Stirling LLP and by doing so implying that they were genuine and that the principals had been transmitted to the addressee which was untrue; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to (and to being supervised by) such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the practising certificate committee of the Council of the Law Society of Scotland and that for an aggregate period of at least three years and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full practising certificate; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying 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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