Law Society v John James Smith
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| Solicitor(s) |
JOHN JAMES SMITH, Solicitor, John J Smith & Co., 692 Dumbarton Road Dalmuir, Clydebank |
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| Tribunal
Date |
06/05/2009 |
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| Appeal
Status |
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| Downloads |
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| Interlocutor |
Edinburgh 6 May 2009. The Tribunal having considered two Complaints dated 3 November 2008 and a further Complaint dated 29 December 2008 at the instance of the Council of the Law Society of Scotland against John James Smith, Solicitor, John J Smith & Co., 692 Dumbarton Road, Dalmuir, Clydebank; Find the Respondent guilty of professional misconduct singly and in cumulo in respect of his failure to reply to correspondence from the Law Society of Scotland; his failure to obtemper statutory notices issued by the Law Society of Scotland: his failure to keep the books and records of his practice written up as required by Solicitors (Scotland) Accounts etc Rules 2001; his allowing his client account to operate in deficit; his failure to invest clients’ funds as required by Rule 11 of the said Rules; his failure to lodge an account certificate timeously in accordance with Rule 14 of the said Rules; his failure to comply with the Money Laundering Regulations in terms of Rule 24; his failure to designate clients’ cheques with the client name on the payee line in terms of Rule 6 of the said Rules; his failure to record deeds timeously and his failure to obtain written authority for inter client transfers in terms of Rule 6 of the said Rules; Censure the Respondent and fine him in the sum of £5000 to be payable to Her Majesty; 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 December 2009 and thereafter at six monthly intervals on six occasions the last of which is to take place no later than December 2012 and that such inspections be at the expense of the Respondent; 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.
Kirsteen Keyden
Chairman
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