Law Society-v-Manus Gerard Tolland
Interlocutor
Edinburgh 3 February 2014. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Manus Gerard Tolland, formerly of 38 Eastwoodmains Road, Clarkston, Glasgow and now at 7 Causeyside Street, Paisley; Find the Respondent guilty of professional misconduct in respect of his failure a) to comply with established practice and the common law standard applicable to a solicitor acting on behalf of a lender in a conveyancing transaction, and in particular his failure to report to his client unusual circumstances which arose in relation to a number of conveyancing transactions; b) to comply with explicit instructions provided to him by his client, being those obligations imposed upon him by the CML Handbook applicable to Scotland and c) to act with absolute propriety and to protect the interests of his client being the lender in respect of each transaction in that he failed to report to his client certain unusual circumstances which arose during the course of these transactions; Censure the Respondent; Fine him in the sum of £2,000 to be forfeit to Her Majesty; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of 5 years any practising certificate held or issued to the Respondent should be subject to such restriction as will limit him to practising in the area of criminal law; 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