Solicitors suspended for accounts rules breaches with client funds

Two solicitors have beem suspended from practice for five years by the Scottish Solicitors' Discipline Tribunal for professional misconduct in relation to their firm's client account.

Martin Young Kerr and Michael Dryden Kerr, formerly of McClure & Partners, Glasgow were found guilty of failing to comply with rules B6.3.1(a), B6.4.1, B6.7.1, B6.7.4 and B6.13 of the Law Society of Scotland Practice Rules 2011.

An inspection by the Law Society of Scotland had revealed that over a period of four months in 2012, money was removed from the client account putting it into deficit in the course of the month and then shortly before the month end, money was transferred back into the client account to put it back into surplus. Over this period the client account was repeatedly in deficit to the extent of between £50,000 and £100,000. The tribunal said this represented deliberate breaches of the accounts rules, executed in such a way that suggested full knowledge on the part of the respondents.

In these circumstances the tribunal unanimously concluded that the appropriate disposal was one of suspension of both respondents from practice, to underline the importance of the protection of the public and to maintain public trust in the profession.  

The firm was wound up in 2013.

Click here to view the full findings.