Law Society-v-Gerard Tierney

Edinburgh 16 December 2015.  The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Gerard Tierney, formerly of G Tierney & Co, Boswell Legal Chambers, 189 Main Street, Auchinleck and presently residing at 13 Park Avenue, Prestwick; Find the Respondent guilty of professional misconduct in relation to his (a) submitting criminal legal aid accounts to SLAB and accepting payment from SLAB in relation to these accounts when he knew or at the very least ought to have known that some of the contents were fictitious or at the very least inaccurate and overstated; (b) submitting civil advice and assistance or civil legal aid accounts to SLAB and receiving remuneration from another inter alia based on payment of said fees in relation to those accounts when he knew or ought to have known they were inaccurate, overstated and not supported or supportable; (c) failure to obtain signed client mandates in relation to five cases; and (d) failure to ensure properly completed mandates were held on the files in relation to seven cases;  Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; 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 and may but has no need to include the names of anyone other than the Respondent.

C Bell

 Vice Chairman