Law Society-v-Alan John Baillie (1)

By Video Conference, 6 March 2024.  The Tribunal having considered the Complaint dated 19 December 2023 at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Alan John Baillie, formerly of Baillies Law Limited, 37 Union Street, Dundee; Find the Respondent guilty of professional misconduct in respect of his failing to communicate effectively, acting in a conflict of interest situation, failing to advise the Secondary Complainer to seek separate legal advice, and inappropriately using funds in the Secondary Complainer’s client account without her consent to pay the bill of another client;  Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; Direct that publicity will be given to this  decision and that this publicity should include the name of the Respondent but need not identify any other person; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office if so advised.

By Video Conference, 26 June 2024.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Alan John Baillie, formerly of Baillies Law Limited, 37 Union Street, Dundee and having previously determined that the Respondent was guilty of professional misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Lorraine Ludman, 1 The Green, Craobh Haven, Argyll, the sum of £4,000 by way of compensation in respect of inconvenience and distress resulting from the professional misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainer but need not identify any other person.

Colin Bell

 Chair