Law Society-v-Eileen A Coogans
Interlocutor
Edinburgh 14 August 2012. The Tribunal having considered the Complaints dated 22 February and 29 March 2012 at the instance of the Council of the Law Society of Scotland against Eileen A Coogans, 60 Newark Crescent, Doonfoot, Ayr; Find the Respondent guilty of Professional Misconduct in cumulo in respect of her failure to timeously record a standard security, her failure to comply on two occasions with the terms of Condition 2.1 of the Council of Mortgage Lenders’ Handbook having accepted instructions to act for lenders in relation to the purchase of two properties, her failure to comply on two occasions with the terms of Rule 6(1) of the Solicitors (Scotland) Accounts Etc Rules 2001 by intromitting with funds from a lender when she had not fully complied with the requirements of the Council of Mortgage Lenders’ Handbook and her failure to comply on two occasions with Rule 24 of the Solicitors (Scotland) Accounts Etc Rules 2001; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of 3 years any Practising Certificate held or issued to the Respondent shall be subject to such restriction as will limit her 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, and thereafter until such time as she satisfies the Tribunal that she 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.
Kirsteen Keyden
Vice Chairman