Law Society-v-Daniel Cohen
Interlocutor
Edinburgh 29 April 2009. The Tribunal having considered the Complaint dated 28 January 2009 at the instance of the Council of the Law Society of Scotland against Daniel Cohen Solicitor, formerly of 19 Rubislaw Terrace, Aberdeen and now of Maxieburn, 22 Bath Street Stonehaven; Find the Respondent guilty of Professional Misconduct in respect of his between 27 February and 13 April 2007, instructing the Building Society to have funds which he held with them in trust for third parties or as a signatory on the account of a third party, transferred to him for his own use as an individual and his attempt to misappropriate the sum of £3104.24; Censure the Respondent; Fine the Respondent in the sum of £7500 to be forfeit to Her Majesty and Direct in terms of Section 53 (5) of the Solicitors (Scotland) Act 1980 that for a period of 5 years, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer as may be approved by the Council or the Practising Certificate Committee of the Council of the Law Society of 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.
David Coull
Vice Chairman