Law Society-v-Iain John Smith Vaughan
Interlocutor
Edinburgh 7 November 2007. The Tribunal having considered the Complaint dated 7 February 2007 at the instance of the Council of the Law Society of Scotland against Iain John Smith Vaughan, Solicitor of Messrs Caird Vaughan, Solicitors, 1 Bank Street, Dundee; Find the Respondent guilty of Professional Misconduct in respect of his acting in a conflict of interest situation by acting for a client when he had previously acted for the co-accused in circumstances where his firm had sought to incriminate the client when acting for the co-accused in circumstances where the Respondent acted throughout the prosecution of the co-accused and by accepting instructions to act for a client when he had access to confidential information in respect of the case against the co-accused which could be relevant to the defence of the client; Censure the Respondent; Fine him in the sum of £2500 to be forfeit to Her Majesty; Find the Respondent 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 Respondent.
Alistair Cockburn
Chairman