SSDT Decision: Lynsey Kelly

SCOTTISH SOLICITORS’ DISCPLINE TRIBUNAL

JLSS REPORT

LAW SOCIETY OF SCOTLAND-v-LYNSEY KELLY

A Complaint  was lodged by the Council of the Law Society of Scotland against Lynsey Kelly, Solicitor, Ayr. The Tribunal found the Respondent guilty of professional misconduct singly and in cumulo in respect of her breaches of Rules B1.2, B1.4, B1.5.1, B1.7.1, B1.14.1, B1.16, B6.3, B6.4.1, B6.5.1, B6.7.1, B6.7.3, B6.12.1, B6.15.1, B6.18.4 and B6.18.7 of the Practice Rules 2011. The Tribunal ordered that the name of the Respondent be struck off the Roll of Solicitors in Scotland.

The Respondent did not engage with or enter proceedings. Based on the information before it, the Tribunal was satisfied that, during the administration of an executry, the Respondent had acted dishonestly. The Respondent had used client funds for the benefit of herself and her husband. At Ayr Sheriff Court on 19 April 2023, the Respondent was convicted of embezzling funds in the sum of £280,822.36 from the estate of the deceased, Mr L and received a custodial sentence. The Tribunal was also satisfied that the Respondent had failed to act in her client’s best interests, on proper authority, and she had acted where the firm’s and client’s interest conflicted. The Respondent had caused the funds paid to her husband from the executry to be re-introduced to the firm and then used them for the purchase of a residential property in their names. The Respondent misled her fellow partner in the firm by incorrectly advising him that the funds came from a fabricated personal injury settlement. The Respondent was the Cashroom Manager of the practice unit during her conduct and the Tribunal was satisfied that her dishonest actions led to multiple breaches of the Accounts Rules. The Tribunal concluded that the Respondent’s failure to respond to the conduct complaints intimated to and served upon her by the Law Society of Scotland in accordance with the applicable legislation was likely to bring the profession into disrepute.

The Tribunal considered the serious and deliberate nature of the Respondent’s conduct which took place over a prolonged period of time. The Tribunal observed that dishonesty with clients’  money is one of the most serious matters to come before it. The Respondent’s conduct in this case fell far short of the accepted ethical and professional standards of the profession and the Tribunal concluded that professional misconduct was established. In all the circumstances the appropriate penalty was strike off. The Tribunal awarded expenses in favour of the Law Society of Scotland due to the costs incurred in prosecuting this serious matter and the guilty verdict. The Tribunal ordered that publicity should be given to the decision to include previous interlocutors.