Scottish Solicitors' Discipline Tribunal

Roy William Andrew Miller

A complaint was made by the Council of the Law Society of Scotland against Roy William Andrew Miller, solicitor, Glasgow. The Tribunal found the respondent guilty of professional misconduct in respect of his failure to return a payslip, a HMRC tax credit review statement and a payment of £200 when requested to do so by his client; his failure or delay in responding to correspondence and statutory notices from the Scottish Legal Complaints Commission and the Society; and his failure or delay in responding to court proceedings against him by the Society in the Court of Session, failure to obtemper an order of the court and his being found guilty of contempt.

The Tribunal censured the respondent and fined him in the sum of £250.

The Tribunal noted that the respondent’s conduct in this case related to one transaction. However the respondent failed to communicate effectively with his client and with the Commission, the Society and also the court. Failure on the part of solicitors to comply with the Commission, the Society and the courts is prejudicial to the reputation of the legal profession. The Tribunal found it bizarre that the respondent let matters get as far as the Court of Session, resulting in the finding of contempt. In the circumstances the Tribunal was satisfied that the respondent’s conduct was serious and reprehensible enough to amount to professional misconduct. The Tribunal noted the respondent’s previously unblemished record and the heavy price he had already paid for his conduct, and did not consider that the public would be at risk if he was allowed to continue in private practice unsupervised. The Tribunal felt that a censure plus a fine of £250 would be sufficient penalty.