Scottish Solicitors' Discipline Tribunal

Kenneth Stewart Gordon

A complaint was made by the Council of the Law Society of Scotland against Kenneth Stewart Gordon, solicitor, Aberdeen. The respondent acted in a conflict of interest situation in relation to the sale of part of a controlling shareholding in a company. Although the respondent recognised that there was a conflict of interest and referred the purchasing company to another firm, he continued to represent that company in relation to other business and the Tribunal found that the role he accepted gave rise to a risk of his having a conflict of interest; he did not exercise sufficient caution to prevent that happening; and a conflict of interest did arise. It concluded that the conduct was a serious departure from the standards of competent and reputable solicitors, but was not reprehensible. There was insufficient information before the Tribunal for it to hold that there had been a breach of fiduciary duty to the client.

The Tribunal was not satisfied that the respondent had failed to act with integrity. Although he had failed to act in the best interests of his client, the conduct was not sufficient to reach the conjunctive test of a serious and reprehensible departure from the standards of competent and reputable solicitors. The conduct was not likely to bring the legal profession into disrepute. The Tribunal had concerns about the respondent’s involvement in the transaction in question. However, its decision was based on the agreed facts in the joint minute and the averments of misconduct contained in the complaint. The Tribunal considered that the case was very close to the boundary between unsatisfactory professional conduct and professional misconduct. It remitted the case to the Society under s 53ZA of the Solicitors (Scotland) Act 1980 for consideration of unsatisfactory professional conduct.