Law Society-v-Gregor Kerr Robertson Mair
Interlocutor
Edinburgh 27 May 2009. The Tribunal having considered the terms of the amended Complaint dated 20 May 2009 at the instance of the Council of the Law Society of Scotland against Gregor Kerr Robertson Mair, Solicitor, Biggart Baillie LLP, 7 Castle Street, Edinburgh; Find the Respondent guilty of Professional Misconduct in respect of his failure to advise the Money Laundering Reporting Officer in his firm of a set of circumstances when he was under a duty to do so, his continuing to act for his client in the knowledge of his client’s fraud and his preparation of a discharge of the Standard Security in circumstances where there existed an obvious risk of further fraud in relation to the execution of the discharge and his forwarding the deed for execution other than via the solicitors whom he knew to be acting and his failure in terms of the Solicitors (Scotland) Practice Rules 1986 to give advice in writing about the possible legal consequences of signing the deed and about the entitlement to legal advice; Censure the Respondent and Fine the Respondent in the sum of £10,000 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 but such publicity shall be deferred until the outcome of any criminal proceedings against Mr B.
Alistair Cockburn
Chairman