Scottish Solicitors’ Discipline Tribunal

A Complaint was made by the Council of the Law Society of Scotland against Locheil William Cameron Cushnie, Solicitor, Ankerville Street, Tain (“the Respondent”). The Tribunal found the Respondent guilty of professional misconduct in respect of his repeated use of intemperate language completely lacking in dignity and restraint in a manner inconsistent with his obligations in terms of the Code of Conduct for Scottish Solicitors.  The Tribunal Censured the Respondent and Directed that in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 for a period of two years any Practising Certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer as may be approved by the Council of the Law Society of Scotland.

The Tribunal were concerned that the Respondent did not just use intemperate language but also made accusations about a number of individuals.  The expressions used in the correspondence by the Respondent were wholly unfitting those of a solicitor and in the view of the Tribunal nothing could justify the use of them and the offensive and unprofessional tone which characterised the numerous letters sent.  The public have a right to expect a certain standard of conduct from solicitors.  The Respondent’s conduct fell well below the accepted ethical standards and brings the profession into disrepute.