Solicitor(s): Lorraine Ann Kelly, Suite 5, Legal House, 101 Gorbals Street, Glasgow
Tribunal Date: 25/10/2019
Appeal Status:No Appeal
Edinburgh 25 October 2019. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Lorraine Ann Kelly, Suite 5, Legal House, 101 Gorbals Street, Glasgow; Find the Respondent guilty of professional misconduct in respect that (a) on the 27 May 2015, she wrote to the residuary beneficiary in the executry of the late Doctor L B or C, stating that both Executors had approved the final accounts for the administration of the said estate, and enclosed a cheque in the sum of £202,650.99 being the residue of the estate due to the said beneficiary, knowing that said Executors had not approved the said final accounts and that a sum of £5,033.33 had been retained by the Respondent’s firm and incorporated practice, said letter thereby serving to mislead the said residuary beneficiary and in breach of Rule B1.2 of the Law Society of Scotland Practice Rules 2011, and (b) on 27 May 2015, she wrote to the said residuary beneficiary in the said Executry, without taking reasonable steps to establish whether the terms of said letter were accurate, or whether there was any lawful basis for the retention of the sum of £5,033.33 and therefore in breach of Rule B1.2 of the Law Society of Scotland Practice Rules 2011; Censure the Respondent; 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 need not identify any other person.
Acting Vice Chair
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