Law Society-v-Alastair Gordon MacRae

Edinburgh 16 March 2018.  The Tribunal having considered the Complaints at the instance of the Council of the Law Society of Scotland against Alastair Gordon MacRae, formerly of A and J C Allan & Co, Solicitors, North Bank Chambers, 36 Newmarket Street, Falkirk; Find the Respondent guilty of professional misconduct in respect that he framed an initial writ which averred that the deceased had died intestate and said averments were misleading because he had knowledge of the existence of a will; he charged for work not done by him; he charged grossly excessive fees in respect of executry and other matters; he repeatedly took fees without rendering fee notes or otherwise obtaining authority from clients to do so; he made significant inter client transfers of funds without proper basis or written authority; his financial records did not contain correct firm balances or no ledger reflecting the financial position of the firm, or correct client bank accounts or client balances, all in breach of Rules B6.7 of the Practice Rules; since his resumption of practice in September 2011, he failed to make any payment or otherwise account to HMRC for liabilities in respect of VAT, despite having deducted the sums thereby payable from clients, in breach of Rule B1.2 of the Practice Rules; Find the Respondent not guilty of professional misconduct in respect of his failure to implement mandates; Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written findings are intimated to the Respondent; 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but such publicity will be deferred until the conclusion of any associated proceedings or intimation that none are to be brought.

Colin Bell

  Vice Chairman

Interlocutor dated 25 July 2016:

Edinburgh, 25 July 2016.  The Tribunal having considered the Complaints dated 3 November 2011 and 1 March 2016 both at the instance of the Council of the Law Society of Scotland against Alastair Gordon MacRae, Solicitor, formerly of A & JC Allan & Co., Solicitors, North Bank Chambers, 36 Newmarket Street, Falkirk and now at 2 Old Sheriffmuir Road, Bridge of Allan; Repels the Respondent’s plea in bar of trial in relation to procedural unfairness and unreasonable delay; and Reserves all question of expenses until the conclusion of the substantive hearing of the Complaints.

Colin Bell

Vice Chairman

NOTE:

The Tribunal agreed on 9 November 2021 that this decision could be published.