Law Society-v-James Kelly
Interlocutor
Edinburgh 3 June 2014. The Tribunal having considered the Complaint dated 25 March 2014 at the instance of the Council of the Law Society of Scotland and the Council of the Law Society of Scotland on behalf of Jennifer McCrorie against James Kelly, Solicitor, Dunnet House, Saline, Fife; Find the Respondent guilty of Professional Misconduct in respect that he (a) between 1 March 2010 and January 2013 failed to take any steps to administer or wind up the estate of the late Mr A; (b) between 1 March 2010 and January 2012 delayed unconscionably and ultimately failed altogether to respond to the reasonable requests of the Secondary Complainer and solicitors appointed on her behalf for information regarding the terms of the signed will of the late Mr A or to obtemper mandates sent to him dated 28 July 2011 and 5 September 2011 insofar as relating to the Secondary Complainer as an individual and as a beneficiary in terms of the said will; (c) between 7 November 2012 and 28 November 2013 repeatedly failed to reply to the reasonable enquiries of the Complainers in the case of Mrs Jennifer McCrorie and to comply with notices served upon him; and (d) between 15 January and 28 November 2013 repeatedly failed to reply to the reasonable enquiries of the Complainers in the case of Mrs C and to comply with notices served upon him; Strike the name of the Respondent, James Kelly, from the Roll of Solicitors in Scotland; 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 and may but has no need to include the names of anyone other than the Respondent.
Alan McDonald
Vice Chairman
Compensation Interlocutor:
Edinburgh 3 June 2014. The Tribunal having considered the Complaint dated 25 March 2014 at the instance of the Council of the Law Society of Scotland on behalf of Jennifer McCrorie against James Kelly, Solicitor, Dunnet House, Saline, Fife; and having considered whether it was appropriate to award compensation to the Secondary Complainer; Ordain the Respondent in terms of Section 53A(2)(d) of the Solicitors (Scotland) Act 1980 to pay to Jennifer McCrorie, Soroba House, Main Street, Blairingone, Dollar by way of compensation the sum of £1,500 in respect of inconvenience and stress resulting from the misconduct and that 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.
Alan McDonald
Vice Chairman