Law Society-v-Malcolm Welsh Thomson and George Raymond Morton
Interlocutor
Edinburgh 10 August 2010. The Tribunal having considered the Complaint dated 7 October 2009 at the instance of the Council of the Law Society of Scotland against Malcolm Welsh Thomson, Solicitor, Marshall Wilson Law Group Limited, 2 High Street, Falkirk (hereinafter referred to as “the First Respondent”) and George Raymond Morton, Solicitor, formerly of Marshall Wilson Law Group Limited, 2 High Street, Falkirk and now of Morton Pacitti LLP, 5 Newmarket Street, Falkirk (hereinafter referred to as “the Second Respondent”); Find the First Respondent guilty of Professional Misconduct in cumulo in respect of his several breaches of the Solicitors (Scotland) Accounts, Etc Rules 2001, namely Rule 6 regarding the operation of client accounts, Rule 8 regarding keeping properly written up books and accounts, Rule 10 regarding the reconciliation of client funds, Rule 11 regarding the payment of interest on un-invested balances and Rule 22 which prohibits the firm acting for the lender to one of the solicitors in the firm; Find the Second Respondent guilty of Professional Misconduct in cumulo in respect of his several breaches of Rule 24 of the said Rules in relation to his failure to comply with the requirements of the Money Laundering Regulations; Censure the First Respondent and Fine him in the sum of £7,500 to be forfeit to Her Majesty; Censure the Second Respondent and Fine him in the sum of £7,500 to be forfeit to Her Majesty; Find the Respondents jointly and severally 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 will include the names of both Respondents.
Malcolm McPherson
Vice Chairman