Scottish Solicitors' Discipline Tribunal

A complaint was made by the Council of the Law Society of Scotland against John Harris Muir, c/o his agent William Macreath, Levy & MacRae Solicitors, Glasgow. The Tribunal found the respondent guilty of professional misconduct in cumulo in respect of his breaches of rules B6.4.1, B6.7.1, B6.8.1, B6.11.1, B6.13 and B6.23 of the Law Society of Scotland Practice Rules 2011.

The Tribunal censured the respondent and fined him £1,500.

The admitted conduct covered a number of significant breaches of the accounts rules, in particular in relation to the Money Laundering Regulations 2007. The Tribunal has emphasised on a number of occasions the importance of compliance with money laundering prevention provisions. It is extremely important that the public can have confidence in the profession and that its reputation is maintained. Problems were drawn to the attention of the respondent in 2012. These problems continued to exist in 2017. The respondent agreed that he had provided an undertaking to the Society in 2012 to rectify matters. He agreed that he had stated to the inspectors that the task of carrying out risk assessments had proved too time consuming. The Tribunal had no hesitation in concluding that the respondent’s conduct fell below the standard of conduct to be expected of a competent and reputable solicitor to such a degree that it could only be considered as serious and reprehensible.

A complaint was made by the Council of the Law Society of Scotland against Tasmina Ahmed-Sheikh, solicitor, Glasgow. The Tribunal found the respondent guilty of professional misconduct in cumulo in respect of her contraventions of rules B6.2.3, B6.3.1, B6.4.1, B6.5.1(d), B6.7.1, B6.11.1 and B6.12.1 of the Law Society of Scotland Practice Rules 2011.

The Tribunal censured the respondent and directed that for an aggregate period of two years, any practising certificate held or issued to her shall be subject to such restriction as will limit her to acting as a qualified assistant to such employer as may be approved by the Council of the Society or its Practising Certificate Committee.

The respondent was a partner and then director of Hamilton Burns. Between 1 October 2009 and 8 May 2015, she was the designated cashroom partner/manager of the firm. She was made aware by a cashier’s email of 16 June 2014 that sums due to SLAB as recovered judicial expenses had been improperly taken to fees. She failed to take action to remit the judicial expenses to SLAB. She failed to cooperate and communicate with SLAB to resolve matters. She failed to correct matters. Money was therefore retained by the firm which was lawfully due to SLAB. This money was clients’ money. In failing to remit the sums to SLAB and taking money to fees, a deficit was created on the client account.

The Tribunal was satisfied that the respondent’s conduct regarding the admitted rules breaches was a serious and reprehensible departure from the standards of competent and reputable solicitors. The respondent was designated cashroom manager of the firm. This is an important and highly responsible position which should not be undertaken lightly. It is essential that designated cashroom managers ensure compliance with the accounts rules. In holding funds for clients, a solicitor is in a privileged position of trust. The public must have confidence that the profession will comply with the accounts rules and that solicitors can be trusted. Failure to comply with the accounts rules demeans the trust the public places in the profession. Designated cashroom managers have a particularly important role in protecting the public. They must protect client money and keep the client account sacrosanct. The admitted breaches demonstrated that the respondent had failed in her duties as the designated cashroom manager. Her omission was also reckless in terms of rule B6.12.1. Action was necessary, either to replace the money or report the situation to the Society. Professional misconduct was therefore made out.