Solicitor(s): Stuart McDonald Bain, Anderson Bain LLP, 6, 8 & 10 Thistle Street, Aberdeen
Tribunal Date: 16/08/2019
Appeal Status:No Appeal
Edinburgh 16 August 2019. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Stuart McDonald Bain, Anderson Bain LLP, 6, 8 & 10 Thistle Street, Aberdeen; Find the Respondent guilty of professional misconduct in respect of his failure to disclose to the Secondary Complainer’s solicitor that there were outstanding works in relation to the roof, fabric and pointing of the property, knowing that the information which his client had given him and which was contained in the missives was false, calling into question the Respondent’s integrity and breaching Rule B1.14.1 of the Law Society of Scotland Practice Rules 2011, and failing to withdraw from acting on behalf of his client when he became aware that his client had given him false information and provided instructions not to disclose the correct position to the Secondary Complainer’s solicitor; 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; 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 Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation.
Edinburgh, 25 October 2019. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Stewart McDonald Bain, Anderson Bain LLP, 6, 8 & 10 Thistle Street, Aberdeen and determined on 16 August 2019 that he was guilty of professional misconduct and having been advised that the Respondent has agreed to pay compensation of £3,500 to the Secondary Complainer; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer in the sum of £3,500 in respect of loss, inconvenience and distress directly arising from the misconduct and that within 28 days of the date on which this Interlocutor becomes final with interest thereon at the rate of 8% per annum from the due date until paid; Discharges the hearing fixed for 13 January 2020; and Finds no expenses due to or by either party.
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