SSDT v Baillie

Scottish Solicitors’ Discipline Tribunal

Law Society v Alan John Baillie

A Complaint was made by the Council of the Law Society of Scotland against Alan John Baillie, formerly of Baillies Law Limited, 37 Union Street, Dundee (‘the Respondent’). The Tribunal found the Respondent guilty of professional misconduct in respect of his failing to communicate effectively, acting in a conflict-of-interest situation, failing to advise the Secondary Complainer to seek separate legal advice and inappropriately using funds in the Secondary Complainer’s client account without her consent to pay the bill of another client.

The Tribunal ordered that the name of the Respondent be struck off the Roll of Solicitors in Scotland and ordered the Respondent to pay the Secondary Complainer £4,000 by way of compensation.

Solicitors must communicate effectively with their clients and others. They must not act where there is a conflict of interest and should exercise caution where there is a potential conflict of interest. Clients should be advised to take separate independent legal advice in appropriate circumstances. Solicitors should not withdraw money belonging to one client without that client’s written authority for the purpose of meeting a payment on behalf of another client. The Respondent failed in these duties and breached Rule 6 of the Solicitors (Scotland) Accounts etc. Rules 2001; Rules 3 and 9 of the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008; and Rules B2.1.2, B2.1.7, B1.7.1 and B1.9.1 of the Law Society of Scotland Practice Rules 2011.