Law Society-v-Paul Kevin O'Donnell
Interlocutor
Edinburgh 7 November 2018. The Tribunal having considered the Complaint dated July 2016 at the instance of the Council of the Law Society of Scotland against Paul Kevin O’Donnell, Solicitor 44 Bracadale Road, Baillieston, Glasgow; Find the Respondent guilty of professional misconduct in respect of his failure in breach of Rule B1.2 and B1.9 of the Law Society of Scotland Practice Rules 2011 to be trustworthy and act honestly at all times so that his integrity was beyond question and to communicate effectively with his client, and his failure to cooperate with the Complainers in their investigation of a conduct complaint against him; Censure the Respondent; Fine him in the sum of £2,500 to be forfeit to Her Majesty; 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the office of the Tribunal.
Colin Bell
Vice Chairman
Compensation Interlocutor:
Edinburgh, 20 March 2019. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Paul Kevin O’Donnell, Solicitor formerly of 44 Bracadale Road, Baillieston, Glasgow and now of 16 Kirkhill Avenue, Cambuslang, Glasgow and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer, Mr AG, has been directly affected by the Respondent’s misconduct and considered that it is appropriate to award compensation to the said Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mr AG, the sum of £1,250 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; Find the Respondent liable in the expenses 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 but need not identify any other person.
Colin Bell
Vice Chairman