Law Society-v-James Anthony McCusker
Interlocutor
Edinburgh 12 January 2015. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against James Anthony McCusker, 1 Orr Square, High Street, Paisley; Find the Respondent guilty of Professional Misconduct in cumulo in respect of a) his conduct falling far below the standard to be expected of a competent, reputable and careful solicitor acting on behalf of a purchasing and selling client in a conveyancing transaction; b) his failing to comply with the terms of the Accounts Rules insofar as they relate to Money Laundering Regulations, in particular rule 24; c) his failing to comply with regulations, 5, 6, 7, 11, 14 and 17 of the Money Laundering Regulations 2007; and d) his failing to comply with part 7 of the Proceeds of Crime Act 2002, and in particular Section 330 thereof; Censure the Respondent; Fine him in the sum of £2,500 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.
Kenneth Paterson
Vice Chairman