Law Society-v-Thomas Barclay Duff
Interlocutor
Edinburgh 7 December 2018. The Tribunal having considered the Complaints dated 25 June 2018 and 28 September 2018 at the instance of the Council of the Law Society of Scotland against Thomas Barclay Duff, Messrs Robert F Duff & Co. Limited, PO Box 2, 30 Main Street, Largs; Find the Respondent guilty of professional misconduct singly in relation to his contravention of Rule B1.2 of the Law Society of Scotland Practice Rules 2011 and in cumulo in respect of his contravention of Rules B6.51, B6.11, B6.23, B6.18.7, B1.9.1, B1.9.2 and B1.10 of the Law Society of Scotland Practice Rules 2011 and his failure to reply timeously, openly and accurately to the enquiries made of him by the Complainers; Censure the Respondent; Fine him in the sum of £2,000 to be forfeit to Her Majesty; 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 of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland and that for an aggregate period of at least five years; 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 but need not identify any other person.
Alan McDonald
Vice Chairman