Law Society-v-Desmond William Donoghue (2)

Edinburgh, 2 December 2022.  The Tribunal having considered the Complaint dated 5 September 2022 at the instance of the Council of the Law Society of Scotland against Desmond William Donoghue, 1F2, 408 Morningside Road, Edinburgh; Find the Respondent guilty of professional misconduct in respect that he (1) In breach of his duties as cashroom manager, failed to disperse timeously a client balance held by his firm even once there was no longer any reason to retain it, and failed to properly register a title and standard security, (2) Failed to respond to, and co-operate with, the Council in respect of its investigation and ignored correspondence and statutory notices from the Complainers and (3) Failed to pay sums due to Revenue Scotland despite having the funds available in breach of his client’s trust and contrary to the Secondary Complainer’s best interests, failed to communicate effectively with him, and failed to adequately and completely conclude the work required within a reasonable time or exercise the level of skill appropriate to the matter; Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate period of two 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 or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub 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; 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 Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a claim for compensation if so advised.

Kenneth Paterson

  Vice Chair

Edinburgh, 5 May 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Desmond William Donoghue, 1F2, 408 Morningside Road, Edinburgh (“the Respondent”) and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mr Trevor Geraghty, the sum of £1988.40 by way of compensation in respect of loss, inconvenience and distress resulting from the professional 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 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 Directs that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainer but need not identify any other person.