Law Society-v-David Ewan McNeish

Edinburgh, 26 April 2022.  The Tribunal having considered the Complaint dated 29 November 2021 at the instance of the Council of the Law Society of Scotland against David Ewan McNeish, formerly of Optima Legal (now Alston Law) and now of DWF LLP, No. 2 Lochrin Square, 96 Fountainbridge, Edinburgh; Find the Respondent guilty of professional misconduct singly in respect that (a) in the period between 7 January 2015 and 3 February 2015 he failed to act in the best interests of Dr A by liaising directly with her and (b) in the period between 7 January 2015 and 3 February 2015 he failed to ensure that he had the authority of Dr A for his actings in the conveyancing transaction and in cumulo that (c) in the period between 7 January 2015 and 3 February 2015 he failed to communicate effectively with Dr A whilst she was a client of the firm; Censure the Respondent; 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 that this publicity should include the name of the Respondent but need not identify any other person; and Fix a compensation hearing to take place on 31 May 2022 at 10am within the Royal Society of Edinburgh, 22-24 George Street, Edinburgh. 

Kenneth Paterson

  Vice Chair

Compensation Interlocutor:

Edinburgh, 31 May 2022.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against David Ewan McNeish, formerly of Optima Legal (now Alston Law) and now of DWF LLP, No. 2 Lochrin Square, 96 Fountainbridge, Edinburgh, and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Dr A, has been directly affected by the Respondent's misconduct and consider that it is appropriate to award compensation to the said Secondary Complainer; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Dr A, the sum of £1,250 by way of compensation in respect of inconvenience and distress resulting from the misconduct 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; Find the Respondent liable in the expenses of the Secondary Complainer to the extent of £250;  and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person.

Catherine Hart

Vice Chair