Law Society-v-Alistair George Kay

Edinburgh 11 September 2013.  The Tribunal having considered the amended Complaints  at the instance of the Council of the Law Society of Scotland against Alistair George Kay, Solicitor, 73 Bruntland Court, Portlethen, Aberdeen; Direct that Orders be issued under Section 53C(2) of the Solicitors (Scotland) Act 1980; Find the Respondent guilty of Professional Misconduct in respect of his repeated failure to respond timeously, openly and accurately to reasonable enquiries made of him, and statutory notices served upon him by the Law Society; his breach of Rule 6 of the Solicitors (Scotland) Professional Indemnity Insurance Rules 2005; his failure to respond timeously, openly and accurately to reasonable enquiries made of him by the Master policy insurers; his breach of Rules 4, 8, 9 & 10 of the Solicitors (Scotland) Accounts Etc Rules 2001; his false declarations made in five separate accounts certificates; his failure to sign and return the application for confirmation and other papers sent to him by Messrs Andersonbain & Company and his failure to respond timeously to reasonable enquiries made of him by Messrs Andersonbain & Company; 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; and Resolve to make Orders under Section 53C; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent. 

Alan McDonald

  Vice Chairman