Scottish Solicitors' Discipline Tribunal

A complaint was made by the Council of the Law Society of Scotland against Ronald Grant Fulton, solicitor, Glasgow. The Tribunal found the respondent guilty of professional misconduct in that he breached rules B1.2, B1.4, B1.7, B1.9 and B1.10 of the Law Society of Scotland Practice Rules 2011. The Tribunal censured the respondent and fined him £1,500.

The respondent failed to advise the secondary complainer of the loss of an original deed of variation, and of the potential consequences of that loss. He did not let her know that there was potential for a conflict to arise and that she might have a claim for damages against his firm. He did not tell her to get independent advice. He did not explain the legal consequences or validity of a second deed of variation. He incorrectly dated the testing clause. He did not, as he ought to have done, provide a letter of affidavit setting out what had happened. He did not provide any advice regarding alternative remedies.

Solicitors must be trustworthy and act honestly at all times so that their integrity is beyond question (rule B1.2). They must act in the best interests of their clients. They must not permit their own personal interests to influence their actions or advice (rule B1.4). They must not act for any client where there is a conflict between their own interests and the client’s interests (rule B1.7). They must communicate effectively with their clients (rule B1.9).

They must only act in matters where they are competent to do so, exercising the appropriate level of skill (rule B1.10).

The Tribunal was satisfied that the respondent’s conduct represented a serious and reprehensible departure from the standards of competent and reputable solicitors. He was therefore guilty of professional misconduct. In failing to advise the secondary complainer appropriately, preparing another deed for signature and completing and signing the testing clause which was backdated, the respondent had shown a lack of integrity.