Law Society-v-Brian Travers
Interlocutor
Edinburgh 15 February 2017. The Tribunal having considered the Complaints at the instance of the Council of the Law Society of Scotland against Brian Travers, Solicitor, Marshall Wilson Law Group, 2 High Street, Falkirk; Find the Respondent guilty of professional misconduct in respect of four complaints; in relation to Complaint DT/13/45, (a) he failed to respond to the SLAB correspondence in respect of a possible false declaration by a client and contravention of the Legal Aid (Scotland) Act 1986 Section 35 and (b) he failed to respond to the Complainers, notwithstanding the service of various Notices; in relation to Complaint DT/13/46, (a) he failed to respond to the Secondary Complainer’s correspondence dated 20 May 2011, 23 August 2012, 4 September 2012, 17 September 2012 and 10 January 2013 and (b) he failed to respond to the Complainers, notwithstanding the service of various Notices; in relation to Complaint DT/15/12, in relation to the conduct involving Mr A, (a) having received a Mandate on 17 August 2011, he delayed and failed to implement the Mandate, (b) he, despite giving an express undertaking on 13 July 2010 that the fee note had been cancelled, unjustifiably threatened the Secondary Complainer with court proceedings, (c) he failed to respond to the Complainers, notwithstanding the service of various Notices; in relation to the conduct involving Mr and Mrs B, he acted in a conflict or potential conflict of interest situation in that he was aware that his firm may have been negligent while acting for the Secondary Complainers in the purchase of the heritable property; and in relation to the conduct involving Ms C, (a) he failed and/or delayed to properly progress the Secondary Complainer’s claim over a period of time in excess of 6 years and failed to properly communicate with her and (b) having received a Mandate in a letter dated 19 June 2012, he delayed and failed to implement the Mandate; and in relation to the conduct involving Mr D, (a) he delayed to settle the Secondary Complainer’s debt to HMRC and to apply for recall of the Sequestration, (b) he failed to communicate properly and effectively with both the Complainers and Secondary Complainer; and in relation to Complaint DT/15/18, (a) he failed and/or delayed to progress the Secondary Complainer’s case against Company 2 and in particular he delayed in preparing a draft Writ, (b) he failed to communicate properly and effectively with both the Complainers and the Secondary Complainer and (c) he failed to implement a Mandate; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or issued to the Respondent shall be subject to such restriction that he will not take or execute any client instructions 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; 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 Complainers 28 days from the date of intimation of these findings to lodge written claim for compensation with the Office of the Tribunal.
Kenneth Paterson
Vice Chairman