Law Society-v-James McRae
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| Solicitor(s) |
JAMES McRAE, Solicitor, 2 Bellevue Place, Edinburgh |
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| Tribunal
Date |
20/08/2009 |
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| Appeal
Status |
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| Downloads |
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| Interlocutor |
Edinburgh 20 August 2009. The Tribunal having considered the Complaints dated 25 February 2009 (Complaint 09/10), 25 June 2009 (Complaint 09/22), 26 June 2009 (Complaint 09/23), 25 June 2009 (Complaint 09/24) and 25 June 2009 (Complaint 09/25) at the instance of the Council of the Law Society of Scotland against James McRae, Solicitor, 2 Bellevue Place, Edinburgh; Find the Respondent guilty of Professional Misconduct in respect of his failure repeatedly to answer professional correspondence from the Law Society, his failure to obtemper statutory notices, his failure to account for funds received by him from a client, his failure repeatedly to answer correspondence from Balfour & Manson, his failure to secure settlement of agency fees and outlays, his failure to provide an accounting in relation to the funds paid to him by two clients, his between 2 May 2008 and 8 October 2008 in the knowledge that his practising certificate had been withdrawn and that he was suspended from practice, continuing to practice as a solicitor and hold himself out to various persons as being entitled to practice as a solicitor and his submitting claims to the Armed Forces Criminal Legal Aid Authority for payment of fees under the Legal Aid Scheme and his receiving payments of fees for Legal Aid services provided during that period notwithstanding the suspension, his taking fees from a client’s executry without the consent of the executor and his taking fees from the said executry upon two occasions without a fee note being rendered to the executor; Find that the Respondent failed to comply with the Determinations and Directions given by the Council of the Law Society of Scotland under Section 42A of the Solicitors (Scotland) Act 1980 within the respective periods specified; Direct that Orders be issued under Section 53C of the said Act; Suspend the Respondent from practice for a period of ten years; 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.
Vice Chairman |
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