Law Society-v-Douglas William Spence
Interlocutor
Edinburgh 19 March 2012. The Tribunal having considered the Complaint dated 16 January 2012 at the instance of the Council of the Law Society of Scotland against Douglas William Spence, Solicitor, Cimarec Cottage, Fintry, Glasgow; Find the Respondent guilty of Professional Misconduct in respect of (1) his unconscionable delay and ultimately his failure to properly represent the interests of or carry out instructions of his clients in court proceedings against them, (2) his failure to keep his clients informed of the progress of the action, to advise them in a way which allowed them to make informed decisions, his failure to prepare for and to conduct hearings on their behalf, his failure to properly instruct local agents or to apply to the court for the recall of an arrestment on the dependence, (3) his failure or unconscionably delay in replying to emails or in returning phone calls made to him by the representatives of his clients, (4) his misleading his clients about the conduct of their court action by leading them to believe that an application for recall of an arrestment on the dependence was a live issue before the court well knowing that the warrant had been continued of consent, that an award of expenses had been made against his clients and that he was taking no steps to have the warrant recalled, (5) his misleading his clients by advising them that there was a hearing fixed at which an arrestment could have been lifted, when he was aware that no such hearing was scheduled and that there was no motion before the court for the recall of the arrestment, and (6) his misleading his clients about the conduct of their court action by advising them that there was a hearing fixed when an advocate would attend to represent the company and that there would be a consultation the day before the finalise the defence, when he knew that there was no such hearing and that counsel was not instructed and therefore no consultation was arranged; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of two 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 or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least 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.
Malcolm McPherson
Vice Chairman