Law Society-v-David Eric Sutherland
Interlocutor
Edinburgh 20 December 2010. The Tribunal having considered the Complaint dated 6 August 2010 at the instance of the Council of the Law Society of Scotland against David Eric Sutherland, Solicitor, 10-16 Exchequer Row, Aberdeen; Find the Respondent guilty of Professional Misconduct in respect of his between 8 February and 26 May 2008 while representing a client in a court action, entering into an agreement to reduce the principal sum sued for to a figure outwith the ordinary court and legal aid levels; his agreeing that his client would be liable for the expenses of a discharged diet of debate and his proceeding to amend the writ without advising his client that he was doing so and the consequences of the reduction and his doing so without his client’s instructions; his between 26 May and 6 August 2008 while representing his client in the court action failing to inform his client that he had amended the principal sum sued for; and his between 8 February and 6 August 2008 failing to inform his client that he had agreed that his client would be liable for expenses of a discharged diet of debate, that a motion had been lodged seeking expenses against the client and that there had been awards made against the client for expenses in favour of his opponents and that his client had been found liable for the expenses of the amendment procedure entered into by the Respondent without the client’s instructions; Censure the Respondent; Fine the Respondent in the sum of £1,000 to be forfeit to Her Majesty; 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