Law Society-v-Solicitor B
Interlocutor
Edinburgh 29 April 2015. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Solicitor B; Find the Respondent guilty of Professional Misconduct in respect of his entering into a sexual relationship with a vulnerable client referred to him by Org 1 and his acting in a manner that raised issues as to his trustworthiness and placed into question his personal and/or professional integrity and his entering into a sexual relationship with a client who was vulnerable thereby allowing his independence to be impaired, failing to act in the best interests of his client, allowing his own personal interests to influence his actings on behalf of his client, creating a potential conflict of interest situation and failing in his duty of utmost trust and confidence; Censure the Respondent; Fine him in the sum of £5,000 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; and Direct that publicity will be given to this decision but that the publicity will not contain the name of the Respondent or any of the parties to the said proceedings or otherwise identify them.
Dorothy Boyd
Vice Chairman
Compensation Interlocutors:
Edinburgh 29 April 2015. The Tribunal having found the Respondent, Solicitor B, guilty of professional misconduct and having heard from the Secondary Complainer, Org 1, find that Org 1 were directly affected by the Respondent’s professional misconduct and Direct that the Respondent provide a verbal apology to the manager and the Board of Org 1 to be followed up with a written apology.
Dorothy Boyd
Vice Chairman
Edinburgh 29 April 2015. The Tribunal having found the Respondent, Solicitor B, guilty of professional misconduct find that Ms AA has been directly affected by the Respondent’s misconduct and Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Ms AA the sum of £250 by way of compensation 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.
Dorothy Boyd
Vice Chairman