Law Society-v-Annaline Webster
Interlocutor
Edinburgh 26 February 2008. The Tribunal having considered the Complaint dated 18 June 2007 at the instance of the Council of the Law Society of Scotland against Annaline Webster, Independent Qualified Conveyancer, The Conveyancing Shop, 8 South Bridge, Cupar, Fife; Find the Respondent guilty of Professional Misconduct in respect of her operating a general client account despite having been advised by the Complainers that she should desist from doing so, her failure to maintain adequate records, her failure to maintain and reconcile the cash book, her failure to retain records for the required period, her failure to account for interest, her making inter account transfers between clients and payments to third parties without written authority, her failure to timeously lodge an Accountant’s Certificate, her operating with a shortage on the client account, her failure to obtain the necessary proof of identity and evidence as to the source of funds all contrary to Regulations 23(3), 24(1), and (6), 24(1)(6), 26, 25(4), 28(2), and 30(1) of the Independent Qualified Conveyancers (Scotland) Regulations 1997 and the Money Laundering Regulations 1993, her failure to timeously record deeds and her witnessing and et separatum notarising a signature which she knew had to have to been added to a document whilst she was not present and misleading the solicitors acting for her client’s lender; Censure the Respondent; Fine her in the sum of £3,000 to be forfeit to Her Majesty; 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 last published Table of Fees for general business with a unit rate of £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
Malcolm McPherson
Vice Chairman