Law Society-v-Catriona Margaret MacFarlane
Interlocutor
Edinburgh 20 August 2009. The Tribunal having considered the Complaint dated 27 March 2009 at the instance of the Council of the Law Society of Scotland against Catriona Margaret MacFarlane, Solicitor, Highfield Cottage, Loganswell, Newton Mearns, Glasgow; Find the Respondent guilty of Professional Misconduct in respect of her failure to disclose to her client the extent of her knowledge of her husband’s actings and her failure to timeously advise her client to seek separate independent advice and her failure to withdraw from acting for her client, all in breach of the Code of Conduct for Scottish Solicitors 2002; Censure the Respondent; Fine the Respondent in the sum of £2500 to be forfeit to Her Majesty and Direct in terms of Section 53 (5) of the Solicitors (Scotland) Act 1980 that for a period of 3 years, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit her to acting as a qualified assistant to and to being supervised by such employer as may be approved by the Council or the Practising Certificate Committee of the Council of the Law Society of Scotland; 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.
Kirsteen Keyden
Vice Chairman