Law Society-v-David Wilkie-Thorburn

By Video Conference, 16 September 2022.  The Tribunal having considered the Complaint dated 28 March 2022 at the instance of the Council of the Law Society of Scotland against David Wilkie-Thorburn, 12 Harcourt Road, Aberdeen; Find the Respondent guilty of professional misconduct singly and in cumulo in respect that he, by sending an electronic message which was menacing and threatening in nature and which resulted in a conviction under section 127(1)(a) of the Communication Act 2003, acted in contravention of rule B1.2 of the Practice Rules 2011, failed to maintain the standards of propriety expected of him as a member of the legal profession in his private life, breached the duty upon him to act with integrity, and acted in a way which brought the profession into disrepute; Suspend the Respondent from practice for a period of two years; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written findings are intimated to the Respondent; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, under exception of the virtual procedural hearing of 20 June 2022, 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, to include the attached note of the virtual procedural hearing on 20 June 2022, and that this publicity should include the name of the Respondent but shall not include the names of the Secondary Complainers.

 Colin Bell

  Chair

Interlocutor of 20 June 2022:

By Video Conference, 20 June 2022.  Having heard submissions from both parties in the Complaint by the Council of the Law Society of Scotland against David Wilkie-Thorburn dated 28 March 2022, the Tribunal Grants the motion of the Respondent for hearings in the proceedings relating to the aforesaid Complaint to be held in private; Refuses the motion of the Respondent to fix a preliminary hearing, through lack of insistence; Fixes a virtual Hearing on 16 September 2022 at 10am; and Reserves all questions of publicity and expenses meantime.

Ben Kemp

Vice Chair