Annual Report 2016
Discipline Tribunals involving solicitors are becoming more complicated and often involve one or more Secondary Complainers who have compensation claims according to the latest Annual Report from the Scottish Solicitors’ Discipline Tribunal.
The Tribunal, which has 12 solicitor and 12 non-solicitor members, heard and made decisions on 30 cases and there were 22 findings of professional misconduct and one decision under section 53(1)(b) in 2016.
A total of six solicitors were struck off and can no longer practise. Five solicitors were suspended and a further two had their practising certificates restricted. Five were censured, censured and fined, or censured and ordered to pay compensation. Compensation was awarded in four cases.
The main grounds for solicitors’ misconduct (misconduct can be established on more than one ground) included failure to comply with the Accounts Rules and/or Practice Rules (7), and failure to reply to the Law Society and / or clients (5).
Of the cases brought to the SSDT by the Law Society, there were two solicitors found not guilty whose cases were remitted to the Law Society for consideration as to whether there had been unsatisfactory professional conduct. Two complaints were withdrawn or dismissed.
The report can be read on the SSDT website:
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