Law Society-v-Laura Winton
Interlocutor
Edinburgh 29 January 2018. The Tribunal having considered the Complaint dated 13 December 2017 at the instance of the Council of the Law Society of Scotland against Laura Winton, 87 Clydesdale Avenue, Paisley; Find the Respondent guilty of professional misconduct (a) individually, in that she failed to respond to correspondence and statutory notices from the Council, and (b) in cumulo, that i) she failed to advise the Secondary Complainer of the potential conflict of interest between them and failed to advise her to obtain legal advice; ii) she failed to advise the Secondary Complainer of her legal position, particularly in relation to time bar, what options were available to her and how to proceed; iii) she failed to advise the Secondary Complainer in relation to the expenses of the litigation and that expenses could be awarded against her; iv) she withdrew from acting in a manner which would prejudice the course of justice; Censure the Respondent; Direct 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 of 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 three years; 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 shall not include the name of the Secondary Complainer or otherwise identify her; and Allow the Secondary Complainer to lodge any claim for compensation within 28 days of the service of the Findings.
Alan McDonald
Vice Chairman
Compensation Interlocutor:
Edinburgh 24 May 2018. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Laura Winton, 87 Clydesdale Avenue, Paisley and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer the sum of £800 by way of compensation in respect of loss, inconvenience and distress resulting from the misconduct 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; Find the Respondent liable in the expenses of the Secondary Complainer to the extent of £16.30 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 need not identify any other person.
Alan McDonald
Vice Chairman