Solicitor struck off for overcharging and accounts rules breaches

An Aberdeenshire solicitor has been struck off the roll for professional misconduct including breaches of the accounts rules and dishonest overcharging of several clients.

The Scottish Solicitors' Discipline Tribunal imposed the penalty on Norman Banski (63), who ran his own practice in Aberdeenshire from 2002 until 2011 when a judicial factor was appointed at the instigation of the Law Society of Scotland after its inspectors discovered irregularities in the accounts including regular deficits on the clients' account. He had also failed to keep written up books of his practice so as to show all dealings with clients’ money, failed to maintain the firm’s books so as to show the true financial position of the firm, charged grossly excessive fees and failed to render fee notes.

The complaint to the tribunal detailed six cases where Mr Banski had taken fees far in excess of those to which he was entitled. When the accounts were subjected to independent scrutiny, the clients were found to have been overcharged by thousands of pounds in each case, and one case resulted in £116,000 being paid from the client protection fund maintained by the Law Society. The tribunal said it was satisfied that the Mr Banski's "outrageous" overcharging was dishonest. It was repeated and of a gross nature, and Mr Banski "must have known that he was not entitled to these fees".

Further, the accounts rules breaches were unacceptable.  The tribunal commented that a solicitor had to retain responsibility for the books and records of their firm. Although his cashier had resigned, the absence of a cashier was not an excuse for failing to do so. The public had to have confidence that the profession would comply with the accounts rules and could be trusted with their money. 

Blatant overcharging was likely to damage the reputation of the profession and this was particularly so when Mr Banski had held positions of responsibility within the Society (he had been a member of Council). He did not demonstrate any remorse or appear to have any insight into his conduct, and the tribunal considered him no longer a fit person to be a solicitor.

Click here to access the tribunal's decision.