Law Society-v-Ceri Williams
Interlocutor
Edinburgh 22 April 2010. The Tribunal having considered the Complaint dated 5 February 2010 at the instance of the Council of the Law Society of Scotland against Ceri Williams, Solicitor, Law House, Ferguson Square, Cupar; Find the Respondent guilty of Professional Misconduct in respect of his acting where there was a conflict of interest in that he acted for the Mr A’s Settlement (hereinafter referred to as “the Settlement”) as a lender and Ms B as a borrower in the preparation of a Standard Security, Ranking Agreement and other documents forming the terms and conditions of the sums being secured and knowing that there was a Joint Venture Agreement between the parties; his accepting instructions from Ms B to draft, have executed and then register two Standard Securities when he knew or ought to have known that in doing so Ms B was in breach of an Agreement entered into with the Settlement, the Respondent had been instructed to put said Agreement into place and in terms of the Agreement he had not yet registered a Standard Security to protect the interests of the Settlement; his preparation and execution of Statutory Declarations by Ms B and Mr C undertaking not to grant further securities over the property concerned when he knew or ought to have known that those clients had already granted a further two securities in breach of the Agreement with the Settlement; and while not having registered the Standard Security by Ms B and Mr C in favour of the Settlement, his acting where there was a conflict of interest by preparing, having executed and registering two Standard Securities by Ms B and Mr C in favour of two other lenders in the knowledge that these securities were in breach of the Agreement with and loan by the Settlement, the loan by the Settlement not having yet been secured by the said Standard Security over the property in favour of the Settlement; Censure the Respondent; Find that the Respondent has failed to comply with the Determinations and Direction given by the Council of the Law Society of Scotland under Section 42A of the Solicitors (Scotland) Act 1980 within the period specified; Direct that an Order should be issued under Section 53C of the said Act; 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.
Malcolm McPherson
Vice Chairman