Law Society-v-Alexander Gilmour Malcolm
Interlocutor
Edinburgh 24 August 2005. The Tribunal having considered the Complaint dated 7 June 2005 at the instance of the Council of the Law Society against Alexander Gilmour Malcolm, Solicitor, formerly of 23 Tarvit Drive, Cupar, Fife now at 14 Melgund Place, Lochgelly, Fife; Find the Respondent guilty of Professional Misconduct in respect of his act of deception by providing his client with deliberately untrue information contrary to Article 7 of the Code of Conduct for Solicitors Holding Practising Certificates issued by the Law Society of Scotland in 2002; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of five 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 such employer as may be approved by the Council or the Practising Certificate Committee of the Council of the Law Society of Scotland; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal, as the same may be taxed by the auditor of the Court of Session on an agent and client indemnity basis in terms of the last published Law Society Table of Fees for general business, with a unit rate of £11.85 and Direct that publicity be given to this decision and that this publicity should include the name of the Respondent.
Alistair M Cockburn
Chairman