Law Society-v-Cameron Hunter Mackenzie

By Video Conference, 26 April 2023.  The Tribunal, having considered the Complaints dated 1 September 2022 and 19 October 2022 at the instance of the Council of the Law Society of Scotland against Cameron Hunter Mackenzie, Smith & Grant, Rathellan, High Street, Leven; Find the Respondent guilty of professional misconduct in cumulo in respect that he; (a) failed to comply with his responsibilities as a Client Relations Manager of the firm by failing to send a response to the Secondary Complainer, in relation to her letter of complaint dated 6 July 2018; (b) failed to provide the agents acting for the Secondary Complainer, with information concerning her late father’s estate between 13 November 2014 and 19 April 2016 despite numerous requests to do so throughout this period; (c) failed to advise the Secondary Complainers of their legal rights entitlement to the estate as beneficiaries; and (d) failed or unduly delayed to respond promptly and efficiently to correspondence and statutory notices received from the Council in respect of its regulatory function in relation to both Complaints; Censure the Respondent; Fine him in the sum of £5,000 to be Forfeit to His Majesty; 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 Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

By Video Conference, 21 November 2023. The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Cameron Hunter Mackenzie, Smith & Grant, Rathellan, High Street, Leven, and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £5,000 in respect of this Complaint; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer in the sum of £5,000 in respect of loss, inconvenience and distress directly arising from the misconduct and that within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; and finds no expenses due to or by either party in relation to the claim for compensation.

Chris Mackay

Acting Vice Chair

By Video Conference, 21 November 2023. The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against Cameron Hunter Mackenzie, Smith & Grant, Rathellan, High Street, Leven, and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £3,000 in respect of this Complaint; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer in the sum of £3,000 in respect of inconvenience and distress directly arising from the misconduct and that within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; and finds no expenses due to or by either party in relation to the claim for compensation.

Chris Mackay

Acting Vice Chair