Law Society-v-James Buchanan Donald
Interlocutor
Edinburgh 6th May 2008. The Tribunal having considered the undated Complaint at the instance of the Council of the Law Society of Scotland against James Buchanan Donald,10 Sandalwood Drive, Inverness; Find the Respondent guilty of professional misconduct in respect of his purporting to notarise the Affidavit of a client outwith her presence and his tendering the same as evidence in a Sheriff Court Case and his forging and uttering the signature of an Executrix; Censure the Respondent; Fine the Respondent £5000 to be forfeit to her Majesty and Direct in terms of Section 53 (5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or to be issued to the Respondent shall be for an aggregate period of 3 years subject to (One) a condition that he not act as a Notary Public and (Two) subject to such restriction as will limit him to acting as a qualified assistant to (and to being supervised by) such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Committee of the Council of the Law Society of Scotland; 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 an agent 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.
Kenneth Robb
Vice-Chairman