Law Society-v-Jeremy James Cram

Edinburgh 17 September 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Jeremy James Cram, a sole practitioner formerly carrying on business as Jeremy Cram & Co. (formerly AJ Cram & Co.), 7 Castle View, Newmains; Find the Respondent guilty of professional misconduct in respect that (a) From 13 October 2014 to the date of this complaint he failed and/ or delayed unreasonably to respond to and cooperate with the reasonable enquiries of any or all of FS/Mr A/Mr E/Ms F/The Dean of the Faculty of Advocates and the Complainer all as narrated above both by way of returning telephone calls and/or responding to correspondence in relation to payment of outstanding fees; (b) From 13 October 2014 to the date of this complaint he has delayed unreasonably and/or failed to procure payment of outstanding fees due to any or all of Mr A; Mr E; Ms F or FS on their behalf as was his professional obligation; (c) Between November 2014 and the date of this complaint, having been advised that SLAB had indicated that some of Mr A’s fees had been paid to him, he failed to make payment of those fees and has unreasonably delayed and failed to provide information to FS to enable them to clarify the issue of payment by SLAB of two outstanding fees where the position is not known; (d) He  has failed, or at least delayed unduly, to respond to regulatory correspondence issued to him by the Complainer in connection with the complaints against him by FS on behalf of Mr A, Advocate or in otherwise co-operating with the Complainer's investigation of any or all of the complaints, despite Notices in terms of Section 15 of the Solicitors (Scotland) Act 1980 and Section 48 of the Legal Profession and Legal Aid (Scotland) Act 2007 having been issued to him calling upon him to do so; (e) He has failed, or at least delayed unduly, to respond to regulatory correspondence issued to him by the Complainer in connection with the complaint against him by FS on behalf of Mr E, Advocate or in otherwise co-operating with the Complainer's investigation of the complaint, despite Notices in terms of Section 15 of the Solicitors (Scotland) Act 1980 and Section 48 of the Legal Profession and Legal Aid (Scotland) Act 2007 having been issued to him calling upon him to do so; (f) He has failed, or at least delayed unduly, to respond to regulatory correspondence issued to him by the Complainer in connection with the complaint against him by FS on behalf of Ms F, Advocate or in otherwise co-operating with the Complainer's investigation of the complaint, despite Notices in terms of Section 15 of the Solicitors (Scotland) Act 1980 and Section 48 of the Legal Profession and Legal Aid (Scotland) Act 2007 having been issued to him calling upon him to do so; (g) He failed to respond to the intimation of the further complaints as intimated on 14 April 2016 and/or 6 June 2016and/or 12 October 2016and/or 7 August 2017 arising from his failure to respond to the Complainer’s correspondence set out above in relation to Mr A; the complainers FCD and Mr E; (h) Between June 2015 and October 2015 he failed to cooperate with the Complainer’s Financial Compliance department in response to its numerous requests for access to the firm’s books and record; 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; 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; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

Kenneth Paterson

 Vice Chairman

Compensation Interlocutor:

Edinburgh 26 November 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Jeremy James Cram, a sole practitioner formerly carrying on business as Jeremy Cram & Co. (formerly AJ Cram & Co.), 7 Castle View, Newmains and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Mr A, Advocate, has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the said 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 A, Advocate, the sum of £5,000 by way of compensation in respect of loss resulting from the 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 the Respondent liable in the expenses 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.

Kenneth Paterson

Vice Chairman