Law Society-v-Paul Saunders Jardine
Interlocutor
Interlocutor:
Edinburgh 6 February 2012. The Tribunal having considered the Complaints dated 12 July 2011 and 11 January 2012 at the instance of the Council of the Law Society of Scotland against Paul Saunders Jardine, Solicitor, Jardine Phillips LLP, 205 Morningside Road, Edinburgh; Find the Respondent guilty of Professional Misconduct in respect of his failure to respond to communications from a beneficiary and their Solicitors; his failure to fulfil an undertaking given to the beneficiary’s Solicitor; his failure to timeously provide his business file and other documents to the Law Society; his failure to provide any explanation why the file and documentation had not been produced timeously following the service of a number of Statutory Notices; his failure to provide a cheque to the Accountant of Court despite his promises to do so; his failure to provide the Accountant of Court’s Office with a copy of an Executry Account and his concealment from his business partner of correspondence from the Complainers, the Tribunal and the Fiscal; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to (and to being supervised by) such employer or successive employers as may be approved by the Council of the Law Society or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least three years, and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full practising certificate; 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.
Kirsteen Keyden
Vice Chairman
Compensation Interlocutor:
Edinburgh 6 February 2012. The Tribunal having considered the Complaint dated 11 January 2012 at the instance of the Council of the Law Society of Scotland against Paul Saunders Jardine, Solicitor, Jardine Phillips LLP, 205 Morningside Road, Edinburgh; Ordain the Respondent to make payment to the Complainers in the sum of £2,517.40 in respect of loss resulting from the misconduct and that 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.
Kirsteen Keyden
Vice Chairman