August decisions

SCOTTISH SOLICITORS’ DISCIPLINE TRIBUNAL JOURNAL REPORT

Law Society-v-Leo McGarvey, 8 Millhall Court, Plains, Airdrie

A Complaint was made by the Council of the Law Society of Scotland against Leo McGarvey, 8 Millhall Court, Plains, Airdrie (“the Respondent”).

The Tribunal found the Respondent guilty of professional misconduct in respect of breaches of Rules B1.2, B1.4, B1.9 and B6.3, all of the Law Society of Scotland Practice Rules 2011. The Tribunal ordered that the name of the Respondent be struck off the Roll of Solicitors in Scotland.

The Respondent received cash payments from clients and did not bank them. He breached the accounts rules and failed to account for the money received. He was convicted of embezzlement in 2022.

Competent and reputable solicitors are trustworthy and honest. They do not act in ways which are fraudulent and deceitful (Rule B1.2). They act in the best interests of their clients (Rule B1.4). They communicate effectively with clients and others (Rule B1.9). They ensure that clients’ money is properly accounted for (Rule B6.3). The Respondent breached of all these rules. The principles of honesty and integrity are fundamental to the profession. Members of the profession are in a very privileged position and members of the public must be able to trust that a solicitor will carry out his duties and obligations in an honest and trustworthy manner. The Respondent’s conduct was a serious and reprehensible departure from the standards of competent and reputable solicitors. He was therefore guilty of professional misconduct.