Law Society-v-Daniel Anthony McGinn

Edinburgh 4 September 2019.  The Tribunal having considered the Complaint dated 29 March 2019 at the instance of the Council of the Law Society of Scotland against Daniel Anthony McGinn, whose last known home address as intimated to the Complainers was 68 Sannox Drive, Motherwell; Find the Respondent guilty of professional misconduct in cumulo in respect that he (a) failed to undertake any work on behalf of the Secondary Complainer in relation to his divorce having received from the Secondary Complainer the sum of £500 in fees; (b) failed to provide the Secondary Complainer with a fee note, invoice or receipt in respect of the sum of £500 paid by him into the Respondent’s firm bank account; (c) failed to refund the said sum of £500 to the Secondary Complainer having advised him that he would do so; and failed to advise the Secondary Complainer that he was ceasing to act on his behalf; Suspend the Respondent from practice for a period of eight years and Direct in terms of Section 53(6) of the Solicitors (Scotland) act 1980 that the suspension shall take effect on the date on which these findings are intimated to 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and his firm but need not include any other name; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

Nicholas Whyte

  Chair

Compensation Interlocutor:

Edinburgh 6 December 2019.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Daniel Anthony McGinn, whose last known home address as intimated to the Complainers was 68 Sannox Drive, Motherwell and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Mr A, has been directly affected by the Respondent's misconduct and consider that it is appropriate to award compensation to the said Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mr A, the sum of £1,000 by way of compensation in respect of  inconvenience and distress resulting from the misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Find the Respondent liable in the expenses 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 and his firm but need not identify any other person.

 Kenneth Paterson

Vice Chair