Law Society-v-Edward Lindsay Acton and George Alexander Wilson
Interlocutor
Edinburgh 18 July 2006. The Tribunal having considered the Complaint dated 9 May 2006 at the instance of the Council of the Law Society of Scotland against Edward Lindsay Acton, Solicitor, 24 Shore Street, MacDuff (“the First Respondent”) and George Alexander Wilson, Solicitor, 16 East Church Street, Buckie (“the Second Respondent”); Find the First Respondent guilty of Professional Misconduct in cumulo in respect of his acting in a conflict of interest situation in respect of the purchase of a property; his failure to progress the sale and his continuing to act when a conflict of interest arose in relation to a title defect; his placing the interests of his client first and deliberately delaying settlement of the sale to suit his own client’s convenience, all in breach of Rules 3 and 5 of the Solicitors (Scotland) Practice Rules 1986 and Article 3 of the Code of Conduct for Scottish Solicitors 2002 and his failure to respond to a mandate, failure to deliver copies of pleadings and failure to respond to correspondence from a fellow solicitor; Find the Second Respondent guilty of professional misconduct in cumulo in respect of his acting in a conflict of interest situation in the sale of a property; his failure to progress the sale and his continuing to act when a conflict of interest situation arose, all in breach of Rules 3 and 5 of the Solicitors (Scotland) Practice Rules 1986 and Article 3 of the Code of Conduct for Scottish Solicitors 2002 and his failure to properly advise his clients that the firm was acting on behalf of both parties and that if a dispute arose they would require to consult an independent solicitor or solicitors, all in breach of Rule 5(2) of the Solicitors (Scotland) Practice Rules 1986; Censure the First Respondent and Fine him in the sum of £850 to be forfeit to Her Majesty; Censure the Second Respondent and Fine him in the sum of £500 to be forfeit to Her Majesty; Find the Respondents jointly and severally liable in the expenses of the Complainers and in the expenses of the Tribunal as the same may be taxed by the auditor of the Court of Session on a solicitor and client indemnity basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondents.
Kenneth Robb
Vice Chairman