Law Society-v-Jade Heloise Dupont
Interlocutor
Edinburgh, 24 July 2025. The Tribunal having considered the Complaint dated 28 January 2025 at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Jade Heloise Dupont, Dupont Legal Solutions Limited, Gordon Chambers, 90 Mitchell Street, Glasgow; Finds the Respondent guilty of professional misconduct (1) Singly, in that she, on accepting and acting on instructions for TM to seek his appointment as Executor Qua Creditor to the estate of JO, failed to make sufficient and adequate investigations to confirm TM’s legal right to be appointed qua Creditor, there being an Executor already confirmed to the estate, in contravention of Rule B1.10 of the Practice Rules 2011; (2) In cumulo with (1), in that she, having only noted and returned the “principal” extract death certificate provided to her by TM, failed to make reasonable investigation as to the validity of same, in contravention of Rule B1.10 of the Practice Rules 2011; (3) In cumulo with (1), in that she advised TM that he could be appointed as Executor Qua Creditor to the estate of JO on the grounds of the Promissory Note dated 2003, without taking any intermediate action, the debt having prescribed, in contravention of Rule B1.10 of the Practice Rules 2011; (4) Singly, in that she made reckless, misleading averments in the petition to have TM appointed as Executor Dative Qua Creditor in contravention of Rules B1.2, B1.10 and B1.13.1 of the Practice Rules 2011; and (5) Singly, in that she acted for both the transferor and transferee when preparing, witnessing and submitting the disposition of the subjects from TM as Executor to JO’s estate to Company A (a Company wholly owned and controlled by TM), (a) without a professional valuation of the land, (b) at prima facie undervalue, the debt being £40,000 and the value of the land noted as £50,000 in the Confirmation and (c) without ensuring the executry retained sums equivalent to the balance between the purported/true valuation and the purported debt in contravention of Rules. B 1.5.1, B1.10 and B2.1.2; Censures the Respondent; Fines her in the sum of £1,000 to be Forfeit to His Majesty; Directs in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit her to acting as a qualified assistant to such employer or successive employers as may be approved by the Council the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least two years; Finds the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable as the same may be taxed by the Auditor of the Court of Session on a party and party basis in terms of Schedule 1 of the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019 as amended with a unit rate of £18.00; Directs that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not include the names of anyone other than the Respondent; and Allows Ms O and Mr F 28 days from the date of intimation of these Findings to lodge a written claim for compensation.
Catherine Hart
Vice Chair