Law Society-v-Alistair Morgan Bowie

Edinburgh 4 September 2019.  The Tribunal having considered the Complaint dated 31 May 2019 at the instance of the Council of the Law Society of Scotland against Alistair Morgan Bowie, 35 Broom Gardens, Kirkintilloch; Find the Respondent guilty of professional misconduct in respect that, (1) without instruction, he requested the Secondary Complainer’s title deeds from her lender; retained her title deeds; requested, on two occasions, a redemption figure from the Secondary Complainer’s lender; sent the Secondary Complainer’s Land and Charge Certificates to Firm 2; and drafted and sent to Firm 2 a draft Discharge and a draft Letter of Obligation in respect of the sale of the property; (2) he failed to act in the best interest of his client;  he failed to discuss with and advise the Secondary Complainer in respect of (a) the terms and conditions of the missives, (b) the warnings which should have been at the forefront of his mind when the Purchasers appears to have instructed three different solicitors, (c) where she would reside on the sale of the property, (d) the lack of real or other right to remain in the property once she concluded missives, signed the Disposition and settled the transaction or at any individual stage thereof, (e) the steps which she could/should take to protect her right to remain in the property on settlement of the transaction; and (3) he failed to act honestly when acting in the office of Notary Public when he purportedly completed and submitted (to Firm 3) the Statutory Declaration of Solvency dated the 5June 2014 as on that date he did not have documents which satisfied him of the Secondary Complainer’s identity; he did not administer the oath to the Secondary Complainer and he falsely narrated the Secondary Complainer swore the declaration; said finding of professional misconduct (1) being found in cumulo with (2) and the findings of professional misconduct in (2) and (3) being found individually; 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and that of Edwin McLaren also known as David Johnston but will not include the Secondary Complainer or any other persons whose details shall be anonymised; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation.

Nicholas Whyte

  Chair