Discipline Tribunal reports drop in cases

A marked fall in new cases, possibly due to the effects of the coronavirus pandemic, has been reported by the Scottish Solicitors' Discipline Tribunal in its annual report for the year to 31 October 2020.

New complaints during the year fell from 35 in the previous year to 18 – 30 being about average, the report states. Twenty nine cases were decided, and 20 substantive cases were outstanding at the end of the year, the same number as at the start of the year.

Findings of professional misconduct were made in 16 of the 29 cases decided, with one further complaint withdrawn and three not guilty verdicts. Nine further appeals were heard from decisions of the Law Society of Scotland regarding alleged unsatisfactory professional conduct, with two of these being allowed.

One solicitor was struck off, for dishonesty towards a client combined with a "reckless error" regarding bank details and conduct lacking integrity. Two solicitors had their practising certificates restricted for two years each, as they might be a danger to the public if allowed to work unsupervised. Nine were censured and fined, and four simply censured.

The tribunal notes that "Although overall cases are down, the trend of cases becoming more complicated with regard to their subject matter and procedure has been reflected in the figures again this year."

Introducing his final annual report – his term of office expires in September 2021 – the chair, Nicholas Whyte, commends tribunal members, and parties, for adapting to virtual hearings. 

"The Tribunal responded swiftly to the challenges imposed by the pandemic and by June 2020 all of its business moved online", he states. "'Virtual' tribunals became the norm and these have proved to be very effective.

"While not appropriate for all kinds of hearings, the Tribunal hopes to maintain their use, particularly for procedural and preliminary matters, even once things return to some semblance of normality. Virtual tribunals have allowed greater participation by those geographically distant from Edinburgh and have also made it easier for tribunal proceedings to be observed by interested parties. There have been cost savings to the tribunal and parties' expenses."

Click here to access the report.