Law Society-v-Andrew Robert Walker Miller & Eileen Wingate Morrison

Edinburgh 6 January 2005.  The Tribunal having considered the amended  Complaint dated 5 January 2005 at the instance of the Council of the Law Society of Scotland against Andrew Robert Walker Miller, Solicitor, Campbell Boath Solicitors, Bank House, 1 Stirling Street, Dundee (First Named Respondent) and Eileen Wingate Morrison of Briardeane, Aytounhill, Newburgh (Second Named Respondent); Find the First Named Respondent guilty of professional misconduct in respect of his fraudulently completing withdrawal forms which were received from financial institutions by appending thereto the signature of an executor, fraudulently completing a withdrawal form by alleging that he witnessed the signature of an executor and thereafter returning these withdrawal forms which he knew to be dishonestly completed to the financial institutions involved uttering them as genuine; Find the Second Named Respondent guilty of professional misconduct in respect of her failure to adequately supervise and have regard to the work being carried out by the First Named Respondent who at the time was employed by her in the capacity of an assistant; Order that the name of the First Named Respondent Andrew Robert Walker Miller be struck off the Roll of Solicitors in Scotland; Censure the Second Named Respondent; Find the First Named Respondent liable in respect of three quarters and the Second Named Respondent liable in respect of one quarter of the expenses of the Complainers and of the Tribunal as the same may be taxed by the auditor of the Court of Session on an agent and client indemnity basis in terms of Chapter Three of the Law Society’s Table of Fees for general business; and Direct that publicity will be given to this decision and that this publicity will include the name of both Respondents.

   Vice Chairman