Law Society-v-Douglas William Spence
Interlocutor
Edinburgh 23 January 2013. The Tribunal having considered the Complaint dated 19 November 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 his between April 2008 and 27 November 2009 deceiving his clients by pretending to instigate litigation against a former tenant of his client’s company in Dunfermline Sheriff Court, the truth being, as he well knew, that no such action had been raised, no court hearing scheduled, no Counsel instructed to deal with the court pleadings and there had been no conversation about a hearing on 27 November 2009 with an agent acting for the former tenant; and his between 5 July 2010 and 16 August 2012 unconscionable failure to reply to the reasonable enquiries of the Law Society into the Complaint by his client or to comply with notices served upon him by the Law Society; Suspend the Respondent from practice for a period of 3 years and Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that the Suspension shall take affect on the date on which these Findings are intimated to the Respondent; 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.
Chairman