Annual Reports

Chairmans Remarks : Details of the Tribunal’s workload over the past 12 months are set out in this report. The Tribunal has seen a steady increase in business during the last year. The Tribunal is still receiving some cases under the Scottish Solicitors’ Discipline Tribunal Rules 2005 but most of the cases relate to conduct which occurred after 1 October 2008 and are accordingly governed by the Scottish Solicitors’ Discipline Tribunal Procedure Rules 2008. The Tribunal has dealt with a number of cases during the year involving the Council of Mortgage Lenders’ Handbook and members should be particularly aware of these Decisions taken by the Tribunal.

The Tribunal Findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk The Tribunal hearings are by default held in public and the forthcoming Tribunal hearings are detailed on the diary part of the website.

This report highlights the main points arising from the Decisions during the previous year. It is hoped that members of the profession will take the time to read the report and be reminded of their professional responsibilities.

Dorothy Boyd, an extremely experienced Tribunal member, was appointed as an additional Vice Chairman during the year.

I would like to thank my Vice Chairmen, the Tribunal members, the Tribunal Clerk, the Depute Clerk and the Tribunal secretaries for their help and support during the year without which the functions of the Tribunal could not be discharged.

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Chairmans Remarks : Details of the Tribunal’s workload over the past 12 months are set out in this report. During the first half of the year the Tribunal continued to be extremely quiet but the case-load increased significantly in the second half of the year. The Tribunal has now received quite a number of cases under the Legal Profession and Legal Aid (Scotland) Act 2007 (the 2007 Act) which applies to all conduct which occurred after 1 October 2008. The Tribunal is also dealing with three Appeals under section 42ZA of the 2007 Act from lay complainers in respect of the Law Society’s failure to make a finding of unsatisfactory professional conduct against a solicitor.

The Tribunal findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk The Tribunal hearings are by default held in public and the forthcoming Tribunal hearings are detailed on the diary part of the website.

This report highlights the main points arising from the decisions during the previous year. It is hoped that members of the profession will take the time to read this report and learn from the mistakes of others.

Elizabeth Cameron and Peter Burdon, two experienced lay members of the Tribunal, retired from the Tribunal during the year owing to the expiry of their term of office. I would like to thank them for their invaluable contribution to the Tribunal over the past few years.

I would also like to thank my Vice Chairmen, the Tribunal members, the Tribunal Clerk, the Depute Clerk and the Tribunal secretaries for their help and support during the year without which the functions of the Tribunal could not be discharged.

Alistair Cockburn
Chairman

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Chairmans Remarks : Details of the Tribunal’s workload over the past 12 months are set out in this report. The Tribunal met on fewer occasions this year than in previous years, only meeting 25 times during the year. There was a corresponding decrease in the number of decisions issued by the Tribunal. The Tribunal concluded a long- running case which had been ongoing over a number of years. The volume of business coming to the Tribunal has significantly reduced in the last 18 months. There seems to be no particular explanation for this. The Tribunal however has been surprised by the fact that it has so far not dealt with any cases governed by the Legal Profession and Legal Aid (Scotland) Act 2007 (the 2007 Act) which applies to all conduct which occurred after 1 October 2008. The Tribunal would have expected to have been dealing with these cases by now. The Tribunal did receive two Appeals under section 42ZA of the 2007 Act from lay complainers in respect of the compensation awarded, or lack of compensation awarded, by the Law Society in making findings of unsatisfactory professional conduct. However both these Appeals were withdrawn once the lay complainers realised their potential liability for expenses.

The Tribunal findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk The Tribunal hearings are held in public and the forthcoming Tribunal hearings are detailed on the diary part of the website.

This report highlights the main points from the decisions during the previous year. It is hoped that members of the profession will take the time to read this report and be reminded of the importance of maintaining the reputation of the legal profession.

David Coull, Vice Chairman, stepped down at the end of the year due to retirement from practice. I would like to thank him for the significant contribution he made to the running of the Tribunal during his term of office. Gordon Cunningham, a long-standing and invaluable legal member, also stepped down during the year. They will both be missed.

I would like to thank my Vice Chairmen, the Tribunal members, the Tribunal Clerk, the Depute Clerk and the Tribunal secretaries for their help and support during the year.

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Chairmans Remarks : Details of the Tribunal’s workload over the past 12 months are set out in this report. The volume of business increased again from the previous year with the Tribunal meeting three or four times per month. There was also an increase in the number of decisions issued by the Tribunal and the Tribunal is still dealing with a long-running case which is yet to be concluded. The Tribunal findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk The Tribunal hearings are held in public and the forthcoming Tribunal hearings are detailed on the diary part of the website.

The Tribunal has been extensively involved during the year in drafting new Rules which are required to implement the terms of the Legal Profession and Legal Aid (Scotland) Act 2007. The Scottish Solicitors’ Discipline Tribunal Procedure Rules 2008 are now available for downloading from the Tribunal website. The Tribunal has not yet started working with the new Rules as they in the main only apply to conduct which occurred after 1 October 2008 and accordingly no cases have yet reached the Tribunal.

This report highlights some of the main points from the decisions during the previous year. It is particularly important in these difficult times that solicitors take the time to read this report and be reminded of their duty to maintain the highest standards of this profession.

Kenneth Robb, Vice Chairman, stepped down from the Tribunal during the year owing to other professional commitments. Jeremy Mitchell, a lay member of the Tribunal, and Marie Brown, a legal member of long standing, also stepped down from the Tribunal during the year. I would like to thank all of them for their input to the Tribunal over the years.

I would like to thank my Vice Chairmen, all the Tribunal members, the Tribunal Clerk, Depute Clerk and Tribunal secretaries for their help and support during the year.

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Chairmans Remarks : Chairman's Remarks: Details of the Tribunal’s workload over the past 12 months are set out in this report. The volume of business has slightly increased with the Tribunal meeting approximately three times per month. The Tribunal has not issued as many decisions this year, mainly due to a long-running case in which nine days of evidence have been heard and which is yet to be concluded. The Tribunal findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk Although Tribunal hearings are held in public and the forthcoming Tribunal hearings are now detailed on the diary part of the website, there has been little interest from the public.

The Tribunal has been involved with the Steering Group for the new Legal Services Commission and is liaising with the interim Chief Executive of the Commission with regard to issues of mutual interest.

This report highlights some of the main points from the decisions during the previous year. It is particularly important in these times of change that solicitors take the time to read this report and be reminded of their duty to maintain the highest standards of this profession.

I would like to thank my two Vice Chairmen, all the Tribunal members, the Tribunal Clerk, Depute Clerk and Tribunal secretaries for their help and support during the year.

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Chairmans Remarks : Details of the Tribunal’s workload over the past 12 months are set out in this report. The volume of business has been similar to last year with the Tribunal meeting approximately three times per month. Most Tribunal hearings are held in public but there has been very little interest from the public. Tribunal findings continue to be put on the website which is fully searchable and can be accessed at www.ssdt.org.uk

The Tribunal made comment on the Legal Profession and Legal Aid (Scotland) Bill and gave evidence to the Justice 2 inquiry. A number of the provisions in the Bill will directly affect the Tribunal.

This report highlights some of the main points from the decisions during the previous year. It is hoped that solicitors will take time to read this report and be reminded of their duty to maintain the highest standards of this profession.

My thanks to Graeme Pagan, Solicitor, who retired during the year after 11 years service to the Tribunal and Louise Harris, who gave one and a half years’ service to the Tribunal. Their invaluable contribution to the Tribunal will be missed.

I wish to welcome three new solicitor members to the Tribunal - Colin Bell, my two Vice Chairmen, all the Tribunal members, the Tribunal Clerk, Depute Clerk and Tribunal secretaries for their help and support during the year.

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Chairmans Remarks : ANNUAL REPORT 2004/2005
for the period 1 November 2004
to 31 October 2005

Details of the Tribunal’s workload over the past 12 months are set out in this report. There has been another increase in the volume of business coming to the Tribunal and the Tribunal is meeting approximately three times per month. New Tribunal Rules came into force on 1 April 2005 and Tribunal hearings are now held in public unless it is necessary for the hearing to be in private. All Tribunal Findings which are given publicity, and which are not subject to further appeal to the Court of Session, are on the Tribunal website once they become final. The Tribunal website is fully searchable and can be accessed at www.ssdt.org.uk

This report highlights some of the main points from the decisions during the previous year. It is hoped that solicitors will take time to read this report and be reminded of their duty to maintain the highest standards of this profession.

I wish to thank all members of the Tribunal, the Tribunal Clerk, Depute Clerk and Tribunal secretaries for their help and support during the year. I would also wish to express my special thanks to the previous chairman of the Tribunal, Fraser Ritchie, who retired from the Tribunal in June 2005. His contribution to the work and evolution of the Tribunal over the years was invaluable.

Alistair M Cockburn
Chairman

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