Law Society-v-Campbell Dinsmore Joss

Edinburgh 18 December 2012.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Campbell Dinsmore Joss, Unit 4, 1987 Maryhill Road, Glasgow; Find the Respondent guilty of Professional Misconduct in respect of: his breach of the Code of Conduct 2002 and Practice Rules 2008 in relation to institutional lenders in regard to his failure to report to the lenders relevant circumstances and in particular those circumstances as required by the lenders’ explicit instructions as set out in the Council of Mortgage Lenders’ Handbook applicable to Scotland and his misleading a lender; his breach of the Code of Conduct 2002 and Practice Rules 2008 in relation to individual clients in that he had little or no communication with said clients, provided no advice to said clients, acted in potential conflict situations in relation to these clients; his breach of the Practice Rules 2008 and Code of Conduct 2002 in relation to other solicitors in that he knowingly misled solicitors representing other parties in three transactions; his failure to comply with Rule 6 of the Solicitors (Scotland) Accounts etc Rules 2001; his failure to comply with Rule 24 of Solicitors (Scotland) Accounts etc Rules 2001; his failure to comply with Section 30 of The Proceeds of Crime Act 2002; his failure to comply with the Solicitors (Scotland) (Client Communications) Practice Rules 2005; his failure to comply with the Solicitors (Scotland) Practice Rules 1986 by acting in conflict of interest situations; 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 Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.

Alistair Cockburn

  Chairman