Law Society-v-Alan Niall Macpherson Mickel

Tribunal Date: 26th Oct 2021
Appeal Status: Appeal Concluded
Solicitor(s): Alan Niall Macpherson Mickel, residing at Flat 2/1, 13 Partickhill Road, Hyndland, Glasgow

By Video Conference, 26 October 2021.  The Tribunal having considered the Complaint  at the instance of the Council of the Law Society of Scotland against Alan Niall Macpherson Mickel, residing at Flat 2/1, 13 Partickhill Road, Hyndland, Glasgow; Find the Respondent not guilty of professional misconduct in relation to averments of misconduct (a) and (b); Remit the Complaint in relation to averments of misconduct (a) and (b) to the Council of the Law Society of Scotland in terms of Section 53ZA of the Solicitors (Scotland) Act 1980; Find the Respondent guilty of professional misconduct in relation to averments of misconduct (c) in respect of his breaches of Rules B6.2.3, B6.3.1, B6.4.1, B6.7.1, and B6.11.1 of the Law Society of Scotland Practice Rules 2011, in relation to averment of misconduct (d) in respect of his breaches of Rules B1.2 (insofar as it related to a lack of integrity), B6.2.3, and B6.12.1 of the Law Society of Scotland Practice Rules 2011 and in relation to averment of misconduct (e) in respect of his breaches of Rules B1.2 (insofar as it related to a lack of integrity) and B6.12.1 of the Law Society of Scotland Practice Rules 2011; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of two years any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to and to being supervised by such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of Scotland; Find the Respondent liable in respect of one-half of 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; and 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.

Christopher Mackay

Acting Vice Chair

Court of Session Interlocutor:

 Edinburgh, 14 November 2022                       

The Lords, on the motion of the appellant, of consent, in terms and in respect of parties’ joint minute, No. 24 of process:-

  (i.)        discharge the summar roll hearing fixed for Wednesday 16 November 2022 at 10.30 am;

 (ii.)        dismiss the appeal; and

 (iii.)        find no expenses due to or by either party, except insofar as already dealt with.