Law Society-v-Manus Gerard Tolland & Iain Robertson
Interlocutor
Edinburgh 17 March 2014. The Tribunal having considered the Complaint dated 16 December 2013 at the instance of the Council of the Law Society of Scotland against Manus Gerard Tolland, formerly of Flat 2/1, 79 Newlands Road, Cathcart, Glasgow now 2FL, 7 Causeyside Street, Paisley (“the First Respondent”) and Iain Robertson, Robertson & Ross Solicitors, 7 Causeyside Street, Paisley (“the Second Respondent”); Find the First Respondent guilty of Professional Misconduct in respect of his conduct amounting to a failure on his part to comply with the terms of the common law standard applicable to a solicitor acting on behalf of a lender in a conveyancing transaction, his failure to comply with the CML Handbook for Scotland and his failure to act with absolute propriety and to protect the interests of his client being the lender in respect of a transaction; Find the Second Respondent guilty of professional misconduct in respect of his failure to adequately supervise his employee, the First Respondent, who was acting in the course of his employment whereby the First Respondent failed to abide by established conveyancing practice and adhere to the duties which he owed to his clients, the lenders; Censure the First Respondent and Fine him in the sum of £500 to be forfeit to Her Majesty; Censure the Second Respondent and Fine him in the sum of £1,500 to be forfeit to Her Majesty; Find the First Respondent and Second Respondent 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 should include the name of the First Respondent and the Second Respondent and may but has no need to include the names of anyone other than the First Respondent and Second Respondent.
Alan McDonald
Vice Chairman