Law Society-v-David James Clark
Interlocutor
Edinburgh 15 June 2015. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against David James Clark, formerly residing at 58 Silverknowes Drive, Edinburgh and now at 6/8 Waverley Park Terrace, Edinburgh; Find the Respondent guilty of professional misconduct in respect of his failure in his duties under the CML Handbook and at common law to provide material information to the lenders in conveyancing transactions, his breaches of Rule 6(1)(c) of the Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2001 as a result of the aforesaid failures in complying with the requirements of the CML Handbook, his breach of Rule 8 of the Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2001, and his breaches of Rule 24 of the Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2001 in respect of his failure to comply with the Money Laundering Regulations 2007; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of three years any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer as maybe approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland, and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full practising certificate; 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 and may but has no need to include the names of anyone other than the Respondent.
Alistair Cockburn
Chairman