Law Society-v-Charles Thomas Norbert Brien
Interlocutor
Edinburgh 7 December 2016. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Charles Thomas Norbert Brien, 13 Cameron March, Edinburgh; Find the Respondent guilty of professional misconduct individually in respect of his appearance at Hamilton Sheriff Court on 2nd December 2014 (a) without instructions from the defenders for whom he purported to appear, (b) in circumstances in which he was not entitled to practice at all, having neither employment nor professional indemnity insurance cover and (c) in circumstances in which he failed to advise the court of his status; and in cumulo in respect of his failure to advise Company 2 that a proof had been fixed at Hamilton Sheriff Court for 2 December 2014; his appearance at Hamilton Sheriff Court on 2nd December 2014 (a) without instructions from the defenders for whom he purported to appear, (b) in circumstances in which he was not entitled to practice at all, having neither employment nor professional indemnity insurance cover and (c) in circumstances in which he failed to advise the court of his status; his unconscionable delay in advising Company 2, until 24 October 2014, that a Proof Diet had been assigned for 6 November 2014 at Glasgow Sheriff Court, despite having been made aware of this on 19 September 2014; despite the Respondent agreeing with the solicitors acting on behalf of Company 4 on 20 February 2014, that Company 2 would pay their client the sum of £15,000 plus VAT, a total of £18,000 plus expenses of £2,500, he failed to advise his client of the position in relation to expenses, and erroneously advised Company 2 to pay the amount of £18,000 on 6 March 2014; and his failure to advise Company 2 that a decree for the sum of £2,789.05, being the sum of £2,500 plus interest and expenses, had been awarded against them at Glasgow Sheriff Court on 4 April 2014, so that they did not become aware of this until a charge for payment was served on them on or around 21 May 2014 and as a result, the defenders became liable for further expenses in relation to the winding up petition; Censure the Respondent; 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 but should not include the names of the Secondary Complainers or parties other than the Respondent.
Nicholas Whyte
Chairman