Law Society-v-Alastair MacBean Blackwood
Interlocutor
Edinburgh 17 May 2017. The Tribunal having considered the Complaint dated 27 March 2017 at the instance of the Council of the Law Society of Scotland against Alastair MacBean Blackwood, Solicitor, 16 Glazert Road, Dunlop, Ayrshire; Find the Respondent guilty of professional misconduct in cumulo in respect of (a) In the period prior to the inspection by the financial compliance department the Respondent paid into his practice unit account and retained there monies constituting outlays received from SLAB, said outlays having been incurred on behalf of clients, a position where the practice unit did not maintain a client account or otherwise hold a surplus of client funds thereby the Respondent created a deficit of client funds which is contrary to Rule B6.3.1.; (b) On 22nd August 2014 the Respondent transferred from his practice unit account the sum of £9,600 to a third party, which cumulative amount included client funds of £867.60 where the practice unit did not hold a surplus of client funds thereby creating a deficit of client funds in breach of Rule B6.3.1; (c) By transferring the said £9,600 from his firm’s account to a third party, the Respondent failed to act in the best interests of the client to whom those funds of £867.60 belonged or on whose behalf they were to be applied insofar as he abdicated control of the client funds which had been entrusted to him; (d) the Respondent failed to record or explain with sufficient clarity in the accounts of Crim Law the inter-relationship between Crim Law, Robertson & Ross and the commercial entity SMC or to identify the mechanism of services provided and payments made as between these three commercial entities such as would fulfil his duty to maintain at all times properly written up such accounting records as are necessary to show the true financial position of Crim Law and as a consequence acted in breach of Rule B6.7; and (e) The Respondent failed to use reasonable endeavours to acquire and maintain the skills necessary to discharge his responsibility as the Cashroom Manager of the practice unit during the period of his appointment as said Cashroom Manager thereby acting contrary to the terms of Rule B6.13.2; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit him as to acting as a qualified assistant to (and to being supervised by) such employer or successive employers as maybe approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least three 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.
Eric Lumsden
Acting Vice Chairman