Law Society-v-Fiona McKinnon
Tribunal Date: 12/01/2022
By Video Conference, 12 January 2022. The Tribunal having considered the amended Complaint dated 6 January 2022 at the instance of the Council of the Law Society of Scotland against Fiona McKinnon, McKinnon & Co., 51 Gartcraig Road, Carntyne, Glasgow; Find the Respondent guilty of professional misconduct singly and in cumulo in respect that she (a) failed to act in the best interests of MC and failed over a period of 12 years to progress her personal injury claim; (b) failed to communicate effectively with MC between March 2005 and November 2017 in relation to the progress of her personal injury claim; (c) failed to communicate effectively with Alan Conroy in that she failed or unduly delayed for several months in providing him with letters notifying of a claim against his firm in respect of the Respondent’s negligence in dealing with a personal injury case; (d) failed or unduly delayed for a period in excess of 10 months in providing the secondary complainer Alan Conroy the file of MW, to enable him to investigate a complaint by MW; (e) failed or unduly delayed in implementing a mandate from the solicitor representing LG for a period in excess of two years; (f) failed or unduly delayed to respond promptly and efficiently to correspondence and statutory notices received from the SLCC and its solicitor in respect of its regulatory function; and (g) failed or unduly delayed to respond promptly and efficiently to correspondence and statutory notices received from the Council in respect of its regulatory function in relation to three complaints; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of two years with effect from 12 April 2022, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit her 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 or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland; 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person other than the Respondent’s former partner; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation or an updated written claim for compensation with the Tribunal Office, if so advised.
Kenneth Paterson
Vice Chair
Compensation Interlocutor for LG:
Thornhill, 17 February 2022. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Fiona McKinnon, McKinnon & Co., 51 Gartcraig Road, Carntyne, Glasgow; Allows the Secondary Complainer, LG, to withdraw her Claim for Compensation and Finds no expenses due to or by any party in relation to the Claim for Compensation.
Colin Bell
Chair