Law Society-v-Alexander Gilmour Malcolm
Interlocutor
Edinburgh 23rd March 2005. The Tribunal having considered the Complaint dated 1st December 2004 at the instance of the Council of the Law Society of Scotland against Alexander Gilmour Malcolm, Solicitor, 23 Tarvit Drive, Cupar, Fife; Find the Respondent guilty of professional misconduct in respect of his acting in a dishonest fashion by contriving a number of false reports to his clients and providing his clients with false information which he knew to be untrue, all contrary to Article 7 of the Code of Conduct for Solicitors Holding Practising Certificates issued by the Law Society of Scotland in 1989; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that until 11th August 2007 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 or successive employers as may be approved by the Council of the Law Society of Scotland 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 Chapter Three of the Law Society’s Table of Fees for general business; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
A Cockburn
Vice Chairman