Law Society-v-Graeme C Miller

By Video Conference, 6 February 2023.  The Tribunal having considered the Complaint as amended dated 6 January 2023 at the instance of the Council of the Law Society of Scotland against Graeme C Miller, McGregor MacLeod Ltd., 3 Donaldson Crescent, Kirkintilloch, Glasgow, Stirling; Find the Respondent guilty of professional misconduct in respect that he failed to act with integrity in that (a) The Firm’s Terms of Business stated that prior to any complaint being made to the SLCC or the Law Society, the matter must be raised with the Firm’s client relations manager and that failure to comply would result in the Firm charging £500 + VAT; and (b) The Firm’s Terms of Business stated that for any complaint made to the SLCC which was not upheld or not accepted for investigation by the SLCC, the Firm would charge a levy of £2,500 per head of complaint;  Censure the Respondent; Fine the Respondent in the sum of £1,000 to be forfeit to His 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; Direct 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; and Allow the Secondary Complainer 28 days from the date of initiation of these findings to lodge a written claim for compensation with the Tribunal Office, if so advised.

By Video Conference, 11 May 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Graeme C Miller, McGregor MacLeod Ltd., 3 Donaldson Crescent, Kirkintilloch, Glasgow (“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 Stephen Geddes, the sum of £750 by way of compensation in respect of 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 no expenses due to or by either party; and Direct 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.