Law Society-v-Leslie Wilson Somerville
Interlocutor
Edinburgh 9 March 2015. The Tribunal having considered the Complaint dated 29 December 2014 at the instance of the Council of the Law Society of Scotland against Leslie Wilson Somerville, Solicitor, 7A Mayne Avenue, Bridge of Allan; Find the Respondent guilty of Professional Misconduct in cumulo in respect of his breach of Rule B6 of the Law Society of Scotland’s Practice Rules 2011 and in particular his repeated failure to maintain a surplus on his client account; to keep properly written up books to show the true financial position of the practice unit; to keep and maintain a proper list of client balances or to produce surplus statements; to maintain an accurate record of client invested funds or to carry out reconciliations; and to discharge his responsibilities as the cashroom manager of the practice unit throughout its existence; 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 him to acting as a qualified assistant to and to being supervised by such employer or successive employers as maybe 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 two years and thereafter until such time as he satisfies the Law Society that he is fit to hold a full practising certificate; 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.
Alan McDonald
Vice Chairman