Solicitor(s): David Stuart McDonald, Solicitor, Suite G1, 5 Golden Square, Aberdeen
Tribunal Date: 07/12/2016
Appeal Status:No Appeal
Edinburgh 7 December 2016. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against David Stuart McDonald, Solicitor, Suite G1, 5 Golden Square, Aberdeen; Find the Respondent guilty of professional misconduct singly and in cumulo in respect of his failure to communicate with the Secondary Complainer, failure to respond and provide documentation to the SLCC and failure to respond to the Complainers; his failure to act in and/or represent the best interests of his client, the Secondary Complainer in that he did not diligently pursue his client’s interests with the Liquidators or their Solicitors; his failure to advise the Secondary Complainer of any relevant Court dates and his acceptance of liability on behalf of the Secondary Complainer for Court expenses in respect of sections of the Court Procedure; and his withdrawing from acting on the Secondary Complainer’s behalf without advising his client that he was withdrawing and accordingly without providing any reason for the withdrawal; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or issued to the Respondent shall be subject to such condition as will limit him to acting as a qualified assistant or as a consultant whether on an employed or self employed basis to or with such solicitor, firm or employer as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of three 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 but should not include the name of the Secondary Complainer.
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