Law Society-v-Alasdair David Mackie
Interlocutor
Interlocutor:
Edinburgh 8 October 2014. The Tribunal having considered the Complaint dated 26 May 2014 at the instance of the Council of the Law Society of Scotland against Alasdair David Mackie of Mailers Solicitors, 88 Henderson Street, Bridge of Allan; Find the Respondent guilty of Professional Misconduct in respect of his conduct not being in accordance with Rules 3 and 5(1) of the Solicitors (Scotland) Practice Rules 1986, Rule 5(2) of the Solicitors (Scotland) Practice Rules 2006, Article 3 of the Code of Conduct for Scottish Solicitors 2002, Article 6 of the Solicitors (Scotland) Standard of Conduct Practice Rules 2008 and Rules 1.7.1 and 1.7.2 of the Law Society of Scotland Practice Rules 2011 by his acting on behalf of the landlord and the tenant in connection with a commercial lease in 2006 and also between 2011 and 2012 in relation to that lease and an associated executry when he had a conflict of interest; Censure the Respondent; Fine him in the sum of £5000 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 and may but has no need to include the names of anyone other than the Respondent; and in relation to the issue of compensation fix a preliminary hearing for 15 December 2014 and allow Mr Nicol three weeks to lodge a Minute seeking compensation and Mr McCann three weeks in which to lodge Answers to that Minute; and in relation to the expenses of the Secondary’s Complainer intimate that a decision regarding such expenses will be made after the decision of the Tribunal regarding compensation.
Alistair Cockburn
Chairman
Compensation Interlocutor:
Edinburgh 15 December 2014. The Tribunal having considered the Complaint dated 26 May 2014 at the instance of the Council of the Law Society of Scotland against Alasdair David Mackie of Mailers Solicitors, 88 Henderson Street, Bridge of Allan; Of consent allow the Secondary Complainer, Lorraine Taylor of Woodlane Cottage, Redgate Hill, Kippen, Stirling, to withdraw her Minute for Compensation and Finds no expenses due to or by any party in relation to the hearing on 15 December 2014.
Alistair Cockburn
Chairman