Law Society-v-Michael Chapman
Interlocutor
Edinburgh 12 November 2015. The Tribunal having considered the Complaints dated 3 April 2013 and 8 January 2015 at the instance of the Council of the Law Society of Scotland against Michael Chapman, 19 Caulfield Terrace, Inverness; Find the Respondent guilty of professional misconduct in cumulo in respect of his issuing cheques which he knew or ought to have known would not be met by his bank, his failure to make payment of the annual levy due for both 2010 and 2011 in terms of the Legal Profession and Legal Aid (Scotland) Act 2007, his failure and/or delay in making payment of professional fees of £1099.31 despite his firm having been paid for the case by the Scottish Legal Aid Board in June 2011, his failure to pay the Secondary Complainer, Richard Potter’s expenses timeously despite repeated requests and despite payment of these expenses to the Respondent by the Scottish Legal Aid Board, his issuing a cheque which was dishonoured and which he knew or ought to have known would not be met by his bank, his failure and/or delay in paying the Secondary Complainer, Eamonn Holden’s expenses for attending as a witness, his failure to correspond to correspondence from the Scottish Legal Complaints Commission and his failure to respond to the Law Society notwithstanding the service of various notices; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of two and a half years any Practising Certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer as may be approved by the Council or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland; Find the Respondent liable in the expenses of the Complainers and of the Tribunal, including expenses of the Clerk, up to and including the finding and sentence in respect of professional misconduct but excluding the Tribunal time taken to deal with the Secondary Complainers’ claims for compensation, 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.
Dorothy Boyd
Vice Chairman
Compensation Interlocutor 1:
Edinburgh 12 November 2015. The Tribunal having considered the Complaint dated 8 January 2015 at the instance of the Council of the Law Society of Scotland against Michael Chapman, 19 Caulfield Terrace, Inverness and having determined that the Respondent was guilty of professional misconduct considered that it was appropriate to award compensation to Secondary Complainer 2; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Richard Andrew Potter, Stenkyrka Stenstugu, 436 624 42, Tingstade, Isle of Gotland, Sweden the sum of £850 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.
Dorothy Boyd
Vice Chairman
Compensation Interlocutor 2:
Edinburgh 12 November 2015. The Tribunal having considered the Complaint dated 8 January 2015 at the instance of the Council of the Law Society of Scotland against Michael Chapman, 19 Caulfield Terrace, Inverness and having determined that the Respondent was guilty of professional misconduct considered that it was appropriate to award compensation to Secondary Complainer 3; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Eamonn Holden, 11 Elm Lawn, Portlaoise, County Laois, Ireland the sum of £821.09 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.
Dorothy Boyd
Vice Chairman