Law Society-v-Stephen Gerard Fagan
Interlocutor
Edinburgh 7 May 2015. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Stephen Gerard Fagan, Fagan Solicitors, 115 Graham Street, Airdrie; Find the Respondent guilty of professional misconduct in respect of his unreasonable delay and/or failure to respond to the reasonable requests and enquiries of the Scottish Legal Aid Board both written and verbal; Censure the Respondent and Direct in terms of section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of 3 years with effect from 1 October 2015 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 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, 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:
Edinburgh 7 May 2015. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Stephen Gerard Fagan, Fagan Solicitors, 115 Graham Street, Airdrie having determined that the Respondent was guilty of professional misconduct; considered that the Secondary Complainer had been directly affected by the Respondent’s misconduct; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to Dawn Stewart, the sum of £250 by way of compensation in respect of inconvenience and stress 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