Law Society-v-Daniel Anthony McGinn

By Video Conference, 26 May 2022.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Daniel Anthony McGinn, 68 Sannox Drive, Glasgow; Find the Respondent guilty of professional misconduct in respect that (1) He took instructions from the Secondary Complainer to act on her behalf in relation to a medical negligence claim and ceased to act without just cause and (2) He failed to advise the Secondary Complainer that he was ceasing to act on her behalf; Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written 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 but need not identify any other person; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation or an updated written claim for compensation with the Tribunal Office.

 Colin Bell

  Chair

By Video Conference, 19 December 2022.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Daniel Anthony McGinn, 68 Sannox Drive, Motherwell and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer 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 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; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify the Secondary Complainer or any other person.