Law Society-v-Donald Stewart Murray
Interlocutor
Interlocutor:
Edinburgh 9 December 2014. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Donald Stewart Murray, Solicitor, 31 David Street, Kirkcaldy; Find the Respondent guilty of Professional Misconduct in respect that he failed and / or delayed in undertaking any work in an attempt to conclude the administration of the late Mrs A’s estate for 14 months; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors(Scotland) Act 1980 that for an aggregate period of 4 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 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; Find the Respondent liable in the expenses of the Council of the Law Society of Scotland 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 may but has no need to include the names of anyone other than the Respondent.
Alistair Cockburn
Chairman
Compensation Interlocutor:
Edinburgh 9 December 2014. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Donald Stewart Murray, Solicitor, 31 David Street, Kirkcaldy and determined that the Respondent was guilty of professional misconduct considered whether it was appropriate to award compensation to the Secondary Complainers; Ordain the Respondent in terms of Section 53A(2) (d) of the Solicitors (Scotland) Act 1980 to pay to Steven Anderson of 12/10 Waverley Park, Edinburgh and Catriona Jerrett, 182 Redcraigs, Kirkcaldy, Fife each the sum of £500 by way of compensation in respect of inconvenience 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.
Alistair Cockburn
Chairman