Law Society-v-Iain Robertson
Interlocutor
This case was appealed to the Court of Session who changed the Tribunal's sentence, the Opinion is accessed here.
Edinburgh 14 November 2014. The Tribunal having considered the Complaint dated 11 August 2014 at the instance of the Council of the Law Society of Scotland against Iain Robertson care of Robertson and Ross Solicitors Limited, 7 Causeyside Street, Paisley; Find the Respondent guilty of Professional Misconduct in respect of his contraventions of rules 1.4.1, 1.5.1, 1.9.1 and 1.9.2 of the Law Society of Scotland Practice Rules 2011; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of 2 years with effect from 1 March 2015 any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him 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; Find the Respondent liable in the expenses of the Council of the Law Society of Scotland 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.
Dorothy Boyd
Vice Chairman
Compensation Interlocutor:
Edinburgh 14 November 2014. The Tribunal having considered the Complaint dated 11 August 2014 at the instance of the Council of the Law Society of Scotland on behalf of Steven McGovaney against Iain Robertson care of Robertson and Ross Solicitors Limited, 7 Causeyside Street, Paisley; and having considered whether it was appropriate to award compensation to the Secondary Complainer; Ordain the Respondent in terms of Section 53A(2)(d) of the Solicitors (Scotland) Act 1980 to pay to Steven McGovaney of Flat J, 173 Hillend Road, Glasgow by way of compensation the sum of £1,800 in respect of loss, inconvenience and distress resulting from the misconduct and that within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid.
Dorothy Boyd
Vice Chairman