Solicitor(s): Sheena Jane Savage, former Solicitor, 45A Colquhoun Street, Helensburgh
Tribunal Date: 31/03/2016
Appeal Status:No Appeal
Edinburgh 31 March 2016. The Tribunal having considered the Complaint dated 15 January 2015 at the instance of the Council of the Law Society of Scotland against Sheena Jane Savage, former Solicitor, 45A Colquhoun Street, Helensburgh; Find the Respondent guilty of professional misconduct in respect of her failure to inform the lenders in respect of 14 transactions of a number of material facts relating to the price stated in the missives and disposition substantially exceeding the price paid, this being described as a deposit or discount which was deducted by the seller, the fact that the price disclosed to the lender client was the disposition price not the actual price or the price paid at settlement, that part of the purchase price was not being paid through the firm nor that the purchaser was paying no part of the purchase price, that the loan advanced by the lender significantly exceeded the actual price paid to the seller and that the unused part of the loan funds and the price paid at settlement, after deduction of fees and outlays, was paid either to the purchaser or to some person other than the seller; her failure to check the source of funds of any deposits allegedly paid by purchasers or to check any incentives allegedly granted to any of the purchasers and her allowing a system to be instituted and operated where no checks were carried out in respect of any deposits allegedly paid by her clients in the said transactions and her exercising a lack of supervision of a registered paralegal in respect of the paralegal’s handling of the transactions; Censure the Respondent; Fine the Respondent the sum of £2,500 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; 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.
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