Law Society-v-David William Nightingale

Edinburgh 31 May 2017.  The Tribunal having considered the Complaint dated 16 January 2017 at the instance of the Council of the Law Society of Scotland against David William Nightingale, 65 Springfield Road, The Village, Cumbernauld; Find the Respondent guilty of professional misconduct in respect that he (a) Obtained a loan from Mr McAfee by fraud, (b) Attempted to obtain a loan from Mr A by fraud, (c) Obtained a loan from Mr B by fraud, (d) Failed to advise Mr A to take independent legal advice, (e) Obtained a sum of money from Mrs D by fraud, (f) Misappropriated the sum paid to the firm to account of fees my Mr F, (g) Obtained a sum of money from Mr H by fraud, (h) Obtained a sum of money from Mr I by fraud, (i) Failed to advise Mr I to obtain separate legal advice;  The Respondent’s name already having been removed from the Roll of Solicitors in Scotland at his request under section 9 of the Solicitors (Scotland) Act 1980, Prohibit the restoration of the Respondent’s name to 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent, his father and the Secondary Complainer  but such publicity shall not include the names of other individuals as publication is likely to damage their interests; and Allow the Secondary Complainer 21 days from the date of the letter intimating these findings to lodge a written note of claim at the office for the Tribunal.

Nicholas Whyte

  Chairman

Compensation Interlocutor:

Forfar, 14 August 2017. The Tribunal having considered the Complaint dated 16 January 2017 at the instance of the Council of the Law Society of Scotland against David William Nightingale, 65 Springfield Road, The Village, Cumbernauld; Allow the Secondary Complainer, Con McAfee, care of Atria One, 144 Morrison Street, Edinburgh, to withdraw his Claim for Compensation and Finds no expenses due to or by any party in relation to the Claim for Compensation.

Nicholas Whyte

Chairman