Scottish Solicitors' Discipline Tribunal

Paul Gerard Kirk

A complaint was made by the Council of the Law Society of Scotland against Paul Gerard Kirk of 748a Old Edinburgh Road, Viewpark, Uddingston, Glasgow (“the respondent”). The Tribunal found the respondent guilty of professional misconduct singly and in cumulo in respect of his acting in a dishonest fashion to obtain significant overpayments from SLAB, his acting in a dishonest fashion on 30 occasions submitting accounts to SLAB which were designed to double his charges in respect of a particular period, thereby enhancing the amounts of money claimed by him from SLAB, and his acting as a consequence of this in breach of article 7 of the Code of Conduct for Solicitors, in breach of the Code of Conduct for Solicitors Practising in Criminal Work, and in breach of the Code of Practice implemented and required by SLAB for solicitors providing criminal legal assistance; and his failure to reply timeously, openly and accurately to the reasonable enquiries made of him by the Society in relation to the investigation of a complaint made against him. The Tribunal censured the respondent and fined him in the sum of £10,000.

The Tribunal heard evidence and was satisfied beyond reasonable doubt that the respondent had acted in a dishonest fashion in submitting inaccurate accounts to SLAB which resulted in his receiving extremely large sums of money to which he was not entitled under the regulations. In addition, the Tribunal found that the respondent had failed to reply timeously to his professional body and the Tribunal was satisfied beyond reasonable doubt that the respondent was guilty of professional misconduct both singly and in cumulo. The Tribunal noted that the respondent had had his name removed from the roll of solicitors at his own request with effect from 1 March 2006. The Tribunal, accordingly, was able to do no more than impose a censure and a financial penalty. The Tribunal considered that the behaviour of the respondent in relation to his fraudulent claims to SLAB strikes at the very heart of the obligations of honesty and integrity which are incumbent upon every solicitor. The Tribunal considered that behaviour such as this seriously damages the reputation of the profession in the eyes of the public. The Tribunal considered that a change in the law is required to allow the Tribunal to deal appropriately with cases such as this.