Law Society-v-Roy William Andrew Miller
Edinburgh 18 May 2018. The Tribunal having considered the Complaint dated 23 February 2018 at the instance of the Council of the Law Society of Scotland against Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner at 6 St Ninian Terrace, Crown Street, Glasgow; Find the Respondent guilty of professional misconduct individually and in cumulo in respect that (a) he failed to respond to the SLCC’s correspondence including a formal statutory notice, and (b) he failed to respond to the Complainers’ correspondence including formal statutory notices relating to the Secondary Complainer and its own complaint; Censure the Respondent; 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 and his firm 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 Tribunal Office.
Kenneth Paterson
Vice Chairman
Compensation Interlocutor:
Edinburgh 10 September 2018. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner at 6 St Ninian Terrace, Crown Street, Glasgow and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Ms A, has been directly affected by the Respondent's misconduct and consider 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, Ms A, the sum of £500 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.
Eric Lumsden
Vice Chairman