Law Society-v-David Alexander Symington
Interlocutor
Edinburgh 20th April 2005. The Tribunal having considered the Complaint dated 9th February 2005 at the instance of the Council of the Law Society of Scotland against David Alexander Symington, Solicitor, Hope Cottage, Duns Road, Gifford, East Lothian; Find the Respondent guilty of professional misconduct in respect of his failure to protect the interests of his clients where there was an actual conflict of interest or potential conflict of interest between them, his failure to advise his client of the consequences of investing money in a partnership where his client and another client were partners in circumstances where they had not entered into a written partnership agreement and where the terms and implications of a draft of the partnership agreement had not been fully discussed and his failure to respond to the reasonable requests of the Law Society for information; Censure the Respondent; 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 Table of Fees for general business; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
Alistair Cockburn
Vice Chairman