SSDT annual report records 25 misconduct findings
Twenty five findings of professional misconduct were made against Scottish solicitors in 2014-15, according to the annual report of the Scottish Solicitors' Discipline Tribunal, just published.
The findings (which compare with 24 in the previous year) were made in 31 cases prosecuted by the Law Society of Scotland before the tribunal, an independent body that rules on conduct cases. It also heard two cases which followed convictions and sentences for dishonesty, and a number of appeals by solicitors or lay complainers against other regulatory decisions.
A total of eight solicitors were struck off by the tribunal and can no longer practise. One solicitor was suspended and a further seven had their practising certificates restricted. Eleven were censured or censured and fined. Compensation to clients was awarded in five cases.
Three cases in which solicitors were found not guilty of professional misconduct were remitted to the Society for consideration as to whether there had been unsatisfactory professional conduct. Two complaints were withdrawn or dismissed.
The most common issues giving rise to conduct complaints against solicitors involved not complying with the Society’s practice or accounts rules and non-compliance with the Council of Mortgage Lenders handbook rules. Others included excessive delays or simply not responding to clients or the Society.
In his foreword to the report the chairman, Alistair Cockburn, comments: "The tribunal has once again had a very busy year. The tribunal has been dealing with a number of complaints which involve secondary complainers and has recently prepared guidance for secondary complainers to try and assist them in dealing with their compensation claims."
Responding to the report, Christine McLintock, President of the Law Society of Scotland, said: “The Law Society’s primary regulatory roles are to hold solicitors to the high professional standards set for them and to protect people from solicitors whose conduct breaches these standards.
“People rely on solicitors to do a good job for them and in the vast majority of cases, solicitors’ clients are happy with the advice and the level of service they receive – the most recent research by Ipsos MORI showed that 90% of solicitors’ clients were satisfied. Our research also shows year on year that the vast majority of our members also believe regulation is a key priority for the Society, with over 80% agreeing we should intervene where critical failure has been identified at a firm and over 70% believing it is a priority for the Society to set standards and update practice rules."
She added: "We have been effective in our work to identify where solicitors have not met the standards required of them, for example, if problems are exposed at a firm following a Law Society inspection, and have also reduced the time taken to investigate conduct complaints year on year."