Death ends appeal seeking conduct finding: SSDT
An appeal to the Scottish Solicitors' Discipline Tribunal seeking a finding of unsatisfactory professional conduct could not proceed where the solicitor concerned had died, the tribunal has ruled.
The tribunal gave its decision in dismissing an appeal by Khizer Khan against a decision of the Professional Conduct Committee of the Law Society of Scotland, not to uphold a complaint of unsatisfactory professional conduct brought by Mr Khan against William Renfrew, of W Renfrew & Co, solicitors, Glasgow. Mr Renfrew died before the appeal could be heard.
The Society argued that the appeal could no longer proceed. In investigating a solicitor's conduct it had to act fairly and in the interests of justice, and an investigation was terminated on death as the solicitor could no longer defend themselves and the subject matter was not capable of being transferred to representatives, nor could any order be enforced.
Mr Khan founded on documentary evidence in which the solicitor said he could not explain what he believed had been an error on his part. He (Mr Khan) had suffered financially and mentally and the solicitor ought to be held responsible for his conduct.
While it had sympathy for Mr Khan, the tribunal decided that it would be inappropriate to allow the case to proceed. A solicitor must have the opportunity to defend themselves in any disciplinary proceedings, and the Society must be able to call them as a witness if required. Although this would be a review of an earlier decision, it would not be fair to proceed with the appeal without these safeguards in place. There were no rules allowing executors to be sisted or an order for compensation to be made against them. Mr Khan might still be able to raise a civil claim against the estate.