Solicitor(s): Michael Thomas McSherry, Solicitor, 51 Morven Road, Bearsden, Glasgow
Tribunal Date: 21/01/2016
Appeal Status:No appeal
Edinburgh 21 January 2016. The Tribunal having considered the Complaint dated 26 October 2015 at the instance of the Council of the Law Society of Scotland against Michael Thomas McSherry, Solicitor, 51 Morven Road, Bearsden, Glasgow; Find the Respondent guilty of professional misconduct in respect of his between 8 August and 26 November 2013 taking £150 and £200 respectively from a client without crediting those payments to his client account and requiring payment to be made to his personal bank account in breach of Rule B6.3.1 of the Law Society of Scotland Practice Rules 2011, his between 31 October 2013 and 15 January 2014 failing to advise his client that the firm of Steen Bali McSherry had ceased to trade and his continuing to act on behalf of the client in his capacity as a solicitor when he was not the holder of a practising certificate, was not affiliated to any practising firm of solicitors and had no professional indemnity insurance cover, his between 30 November 2011 and 31 October 2013 consistently failing to comply with Section B6 of the Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2011 regulating the financial management of the firm of Steen Bali McSherry, solicitors and in particular his breach of Rule B6.3.1, B6.4, B6.7.1, B6.7.4, B6.8.1, B6.8.2, B6.13, B6.15, B6.15 and his failure to comply with the Money Laundering Regulations in breach of Rule B6.23, his between 31 October 2013 and 16 April 2014 repeatedly delaying and failing entirely to cooperate with the Law Society in the exercise of their regulatory functions or to make suitable arrangements for the winding up of his firm and his failure to respond to communications timeously or provide accurate accounts certificates on time or at all, or to produce accounting records and information to ensure an adequate standard of record keeping and demonstrate the true financial position of his firm following its cessation on 31 October 2013 contrary to Rule B6.18.7; Suspend the Respondent from practice for a period of four 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 and may but has no need to include the names of anyone other than the Respondent.
Edinburgh 21 January 2016. The Tribunal having considered the Complaint dated 26 October 2015 at the instance of the Council of the Law Society of Scotland against Michael Thomas McSherry, Solicitor, 51 Morven Road, Bearsden, Glasgow and having determined that the Respondent was guilty of professional misconduct considered that it was appropriate to award compensation to the Secondary Complainer, Edward Warren; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Mr Edward Warren, Cottage Road, 33 Lindsay Gardens, Kilmarnock the sum of £150 by way of compensation in respect of loss, inconvenience and distress resulting from the misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid.
Administered by SSDT Administration Limited, company number: 5376158
Registered Office: Unit 3.5, The Granary Business Centre, Coal Road, Cupar, Fife, KY15 5YQ
Scottish Solicitors' Discipline Tribunal | Copyright © 2019