Law Society-v-James Gerard Brophy
Interlocutor
Edinburgh 6 December 2013. The Tribunal having considered the Complaint dated 13 September 2013 at the instance of the Council of the Law Society of Scotland against James Gerard Brophy, Solicitor, Brophy & Company, Suite 2, Gemini House, 2 Lints Riggs, Falkirk; Find the Respondent guilty of Professional Misconduct in respect of his failure between 2 June 2009 and 22 August 2012 to act in the best interests of a client who had instructed him in relation to a potential medical negligence claim, his failure to communicate effectively or at all with that client regarding her claim and his repeated failure to return her calls during which period the negligence claim became time barred; Censure the Respondent; Fine him in the sum of £5,000 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 and may but has no need to include the names of anyone other than the Respondent.
Douglas McKinnon
Vice Chairman
Compensation Interlocutor:
Edinburgh 6 December 2013. The Tribunal having considered the Complaint dated 13 September 2013 at the instance of the Council of the Law Society of Scotland against James Gerard Brophy, Solicitor, Brophy & Company, Suite 2, Gemini House, 2 Lints Riggs, Falkirk and having considered the Secondary Complainer’s claim for compensation, Ordain the Respondent to make payment to the Secondary Complainer, Nicola Hocking, 67 Lindores Drive, West Mains, East Kilbride in the sum of £2,000 in respect of her losses 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.
Douglas McKinnon
Vice Chairman