Solicitor(s): James Gerad Moore, Solicitor, Messrs Moore Macdonald Solicitors, 2 Scott Street, Motherwell
Tribunal Date: 30/03/2017
Appeal Status:No Appeal
Edinburgh 30 March 2017. The Tribunal having considered the Complaint dated 7 March 2014 at the instance of the Council of the Law Society of Scotland against James Gerad Moore, Solicitor, Messrs Moore Macdonald Solicitors, 2 Scott Street, Motherwell; Find the Respondent guilty of professional misconduct in cumulo in respect of his (a) breaches of Rule 3 of the Solicitors (Scotland) Practice Rules 1986; (b) breaches of Rule 6 and 24 of the Solicitors (Scotland) Accounts etc Rules 2001; (c) breaches of Regulation 5, 7 and 17 of the Money Laundering Regulations 2007; (d) his breach of Regulations 4 and 6 of the Money Laundering Regulations 2003; (e) failure to implement loan instructions given to him and his failure to fulfil his obligations in terms of the Council of Mortgage Lenders Handbook for Scotland, including a failure to report unusual circumstances to a lender in relation to a transaction, a failure to mention a deposit paid by a seller and a failure to mention the balance of a purchase price being paid by a person other than the borrower; (f) his failure, being a solicitor acting in a transaction for both purchaser and the lender, to act with the utmost propriety towards both clients by withholding information from a client such as a deposit being paid by someone other than the purchaser client; and (g) his failure to retain the net free proceeds of sale in an interest bearing account in his firm’s name; Censure the Respondent; Fine him in sum of £1,000 to be forfeit to Her Majesty; 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, restricted to 85%; and Direct that publicity will be given to this decision but that this publicity shall only include the names of the Respondent and the two witnesses. This publicity shall include the decision of the Tribunal in relation to the preliminary hearing on 9 September 2014.
Interlocutor of 9 September 2014:
Edinburgh 9 September 2014. The Tribunal in respect of the Complaint dated 7 March 2014 at the instance of the Council of the Law Society of Scotland against James Gerad Moore, Moore Macdonald Solicitors, 2 Scott Street, Motherwell; Refuse the Motions for the Respondent to dismiss or sist the Complaint and Order that a hearing of the Complaint be heard on 4 December 2014 at 10:30am.
The Respondent lodged a Judicial Review against the Decision of 9 September 2014. The Court's Opinion can be found here.
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