Law Society-v-Stephen Gerard Fagan
Interlocutor
Edinburgh 2 May 2014. The Tribunal having considered the amended Complaint at the instance of the Council of the Law Society of Scotland against Stephen Gerard Fagan, Fagans Solicitors, 115 Graham Street, Airdrie; Find the Respondent guilty of Professional Misconduct in respect that he delayed unreasonably to respond to the reasonable enquiries of the Law Society of Scotland, that between 15 December 2010 and July 2013 he delayed unreasonably and/or failed to respond to requests written and verbal, from the SLCC or its agent, both as a solicitor and separately as the designated Client Relations Manager, and that he failed and/or delayed in paying the complaints levy in breach of the Legal Profession and Legal Aid (Scotland) Act 2007 Section 28(4); Censure the Respondent; Fine him in the sum of £5000 said fine to be paid within six months of this date and 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 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.
Alan McDonald
Vice Chairman