Solicitor(s): John James Rankin Hodge, Wallace Hodge & Co Limited, 6 Killoch Place, Ayr
Tribunal Date: 10/01/2020
Appeal Status:No Appeal
Edinburgh 10 January 2020. The Tribunal having considered the Complaint dated 25 January 2019 at the instance of the Council of the Law Society of Scotland against John James Rankin Hodge, Wallace Hodge & Company Ltd, 6 Killoch Place, Ayr; Find the Respondent guilty of professional misconduct in respect that (a) he failed to write to the Secondary Complainer to advise her that legal consequences may arise from her signing the discharge and that she should seek independent legal advice prior to signing the document, (b) he failed to act with integrity in that he advised the Secondary Complainer that the other executors and residuary beneficiaries had agreed to pay her a one eighth share of the proceeds of sale of the house, but then made payment of the said sums conditional upon the Secondary Complainer taking no further action in respect of the circumstances surrounding her discharge of the standard security, (c) he failed to act with integrity in respect that he made payment of the sums due to the Secondary Complainer conditional upon her withdrawing the complaint which she had made to the SLCC regarding the Respondent thus delaying or hindering the advancement of the executry, and (d) he placed himself in a conflict of interest situation; Censure the Respondent; Fine him in the sum of £6,000 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; 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; and Continue consideration of the Secondary Complainer’s claim for compensation to a hearing to be fixed.
Edinburgh, 21 August 2019. The Tribunal having heard submissions in relation to the Complaint at the instance of the Council of the Law Society of Scotland against John James Rankin Hodge, Wallace Hodge & Co Limited, 6 Killoch Place, Ayr; Repels the plea to the relevancy contained within paragraph 8 of the Answers; Fixes a hearing for 19 November 2019 at 10am; and Reserves all questions of publicity and expenses to the conclusion of the case.
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