Law Society-v-Gerard John Robert McMahon

By Video Conference, 27 September 2023.  The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Gerard John Robert McMahon, residing at 1 Silverwells Crescent, Bothwell; Find the Respondent guilty of professional misconduct individually and in cumulo in respect that (a) On or around 30 April 2020 the Respondent, on behalf of the pursuer, signed and served a statutory demand for payment on Albarr Facility Management Solutions (sic) for £10,572.57, on which he designed himself as “solicitor” despite not having in force a practising certificate, thereby holding himself out to the recipient of the statutory demand to have a status as a practising solicitor which he did not at that time possess; (b) On 21 May 2020 and on subsequent dates, the Respondent purported to hold the qualifications or status “LLB. Dip LP, NP” as appended to a letter to the defender and e-mails to the court, despite not having in force at that time a practising certificate and consequently not holding the status of notary public per the operation of Section 58(5) of the Solicitors (Scotland) Act 1980; (c) On or around 8 June 2020, the Respondent prepared, signed and presented to the court electronically an initial writ within which he designed himself as a solicitor, craving the liquidation of the defender company, despite not having in force at that time a practising certificate; (d) The Respondent having improperly obtained the court’s authority by knowingly or recklessly presenting misleading documents to it seeking warrant, served and advertised notice of the pursuer’s petition in the Edinburgh Gazette and Metro newspaper; and (e) On or around 16 June 2020, the Respondent requested that the Sheriff Clerk appoint an interim liquidator to the defender company in reliance knowingly or recklessly upon the defective and misleading documentation which had previously been submitted to the court, and on which the court had granted warrant to serve the petition on the defender company; Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; 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, 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.