Law Society-v-Alexander Gilmour Malcolm

Edinburgh 16 January 2007.  The Tribunal having considered the Complaint dated 9^th August 2006 at the instance of the Council of the Law Society of Scotland against Alexander Gilmour Malcolm, Solicitor formerly of 23 Tarvit Drive, Cupar and now at 14 Melgund Place, Lochgelly, Fife; Unanimously Find the Respondent guilty of Professional Misconduct in respect of his failure to actively prosecute a claim on behalf of his clients, his failure to deal competently with the matters at hand, his disguising his incompetence by his failure to inform his clients as to progress or lack thereof with the claim, his failure to reply to the repeated enquiries made of him by his clients, his failure to submit a competent proper Legal Aid application and his allowing an excessive inordinate and unreasonable delay to occur in the prosecution of his clients claim, all contrary to Articles 5 and 7 of the Code of Conduct for solicitors holding practising certificates issued by the Law Society of Scotland in 1989;  By a majority decision Find the Respondent not guilty in respect of acting in a dishonest and deceptive fashion by intercepting his client’s letter of complaint; Order that the name of the Respondent, Alexander Gilmour Malcolm, be Struck Off the Roll of Solicitors in Scotland; Find no expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.

Gordon Cunningham

  Chairman