Law Society-v-Gerard Durkan
Interlocutor
Interlocutor:
Edinburgh 30 August 2012. The Tribunal having considered the Complaint dated 4 June 2012 at the instance of the Council of the Law Society of Scotland against Gerard Durkan, Solicitor, Harper Macleod LLP, Solicitors, The Ca’D’Oro, 45 Gordon Street, Glasgow; Find the Respondent guilty of Professional Misconduct cumulatively but not severally in respect of (1) his failure to issue a terms of business letter to a client for work undertaken on her behalf in respect of the transfer of title to her home with the result that the client, whom he knew or ought to have known was a vulnerable person, his partner having identified a diagnosis of dementia, and therefore susceptible to manipulation by her family, and could not safely or reasonably have been assumed by the Respondent to be fully aware of what actions in respects of her rights in the property or otherwise the Respondent was undertaking on her behalf or the consequences thereof; (2) his failure to act in the best interests of his client , a vulnerable person who was susceptible to manipulation by her family; (3) his taking instructions from her through her son who was to benefit from the transfer of the title to her home without providing her directly with advice at any time on the implications of her actions or the alternatives available to her; (4) his continuing with the transfer of title in the face of a mandate terminating his agency; (5) his writing to the client after receiving the mandate without the consent of the new solicitors she had instructed; (6) his failure to meet with his client on her own to satisfy himself of her instructions; (7) his arranging for his client to sign the documentation for the transfer of title without providing her with advice particularly about the consequences of this in relation to her right of residence; (8) his remitting the signed documentation to solicitors acting for the disponees notwithstanding that he had received and had purported to obtemper a mandate which terminated his agency; Censure the Respondent; Fine him in the sum of £1,500 to be forfeit to Her Majesty; 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.
Alistair Cockburn
Chairman
Compensation Interlocutor:
Edinburgh 30 August 2012. The Tribunal having considered the Complaint dated 4 June 2012 at the instance of the Council of the Law Society of Scotland against Gerard Durkan, Solicitor, Harper Macleod LLP, Solicitors, The Ca’D’Oro, 45 Gordon Street, Glasgow; and having considered the Secondary Complainer’s claim for compensation make no order for compensation.
Alistair Cockburn
Chairman