Law Society-v-David William Dickson
Edinburgh 1 November 2016. The Tribunal having considered the Complaints at the instance of the Council of the Law Society of Scotland against David William Dickson, Dicksons Solicitors, 19 Waterloo Street, Glasgow; Find the Respondent guilty of professional misconduct singly and in cumulo in respect of his delay unreasonably to respond to the reasonable enquiries of the Complainers, between June 2014 and May 2016 his delay unreasonably and/or failure to timeously progress a executry, between June 2014 and May 2016 his delay unreasonably and/or failure to respond to telephone calls from the Secondary Complainer seeking an update in her complaint, from 14 February 2015 to May 2016 his unreasonable delay and/or failure to contact the Secondary Complainer as promised despite having advised the Secondary Complainer he would do so within 10 days of said meeting and making progress on the executry within the same period, his delay unreasonably to respond to and cooperate with the reasonable enquiries of the Complainers, his failure to keep and/or ensure he had properly written up appropriate records to accurately reflect the financial position of his firm and in particular to submit the required VAT forms to HMRC timeously, and his breach of Rules 6.7.1, 6.7.4, 6.13.1, 6.18.3 and 6.18.7 of the Practice Rules 2011 as a consequence of said delays and failures; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to (and to being supervised by) such employer or successive employers as may be 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 that for an aggregate period of two years; 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 name of the Secondary Complainer.
Kenneth Paterson
Vice Chairman
Compensation Interlocutor:
Edinburgh 1 November 2016. The Tribunal having considered the Complaints of May 2016 and September 2016 at the instance of the Council of the Law Society of Scotland against David William Dickson, Dicksons Solicitors, 19 Waterloo Street, Glasgow and having determined that the Respondent was guilty of professional misconduct considered that it was appropriate to award compensation to the 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 loss, 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.
Kenneth Paterson
Vice Chairman