THE COUNCIL OF THE LAW SOCIETY OF SCOTLAND V JOHN McLEOD
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| Solicitor(s) |
JOHN McLEOD, Solicitor, The First House, Udny Station, Ellon.
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| Tribunal
Date |
30/10/1996 |
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| Appeal
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| Downloads |
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| Interlocutor |
Edinburgh 30th October 1996. The Tribunal having considered the Complaints dated July and October 1996 at the instance of the Council of the Law Society of Scotland against John A. McLeod, Solicitor, The First House, Udny Station, Ellon, find the Respondent guilty of professional misconduct in respect of his failure to attend to the affairs of a client, to obtemper a mandate and to reply to correspondence; 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 such employer or successive employers as may be approved by the Council of the Law Society of Scotland and that for an aggregate period of at least five years and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full Practising Certificate; in respect that the professional services provided by the Respondent to “A” and Mrs “B” were inadequate, Determine in terms of Section 53A(2)(a) of the said Act that the amount of fees and outlays to which the Respondent shall be entitled for the services to these respective clients shall be reduced to nil, and quoad ultra make no other determination or direction in respect of the findings of inadequate professional services; Order in terms of Section 53C(2) of said Act that the Direction by the Council of the Law Society of Scotland in favour of Mr and Mrs “G”, “P.5” dated 7th March 1996 shall be enforceable in like manner as an extract registered decree arbitral in favour of the Council bearing a warrant for execution issued by the Sheriff Court of any sheriffdom in Scotland; Find the Respondent liable in the expenses of the Complainers and 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 Six of the Law Society's Table of Fees for general business together with a reasonable sum for posts and incidental outlays; and direct that publicity to include the name of the Respondent be given to this decision.
(Signed) JOHN W LAUGHLAND
Chairman
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