Law Society-v-Duncan McKinnon Burd

Edinburgh 10 March 2020. The Tribunal having considered the Complaint dated 12 June 2019 at the instance of the Council of the Law Society of Scotland against Duncan McKinnon Burd, Anderson MacArthur Limited, Somerled Square, Portree, Isle of Skye; Find the Respondent guilty of professional misconduct in respect that he (1) submitted accounts to the Scottish Legal Aid Board which included outlays which were unrestricted for alcoholic beverages and food for others in breach of Rule B1.2 of the Law Society of Scotland Practice Rules, Article 3 of the Criminal Code of Conduct, Regulation 8(1)(c) of the Criminal Fees Regulations 1989 and SLAB’s Code of Practice for Legal Assistance (April 1998) and (2) failed to communicate effectively with SLAB in breach of Rule B1.9.1 of the Law Society of Scotland Practice Rules and failed to cooperate with SLAB in breach of Section 3.7.1 of SLAB’s Code of Practice for Legal Assistance (April 1998), the first finding of misconduct being found individually and the second finding of misconduct being found in cumulo with the first; Censure the Respondent; Fine him in the sum of £5,000 forfeit to Her Majesty; 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; 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.

Beverley Atkinson

Vice Chair