Law Society-v-John Athuahene and Richard Thomas Thorburn

Edinburgh 24^th November 2009.  The Tribunal having considered the Complaint dated 13^th July 2005 at the instance of the Council of the Law Society of Scotland against John Atuahene, Solicitor, formerly of 72 Hawkshead Road, Paisley and now at 6A Gallowhill Court, Paisley (the First Respondent) and Richard Thomas Thorburn, Solicitor, formerly of Thornhome House, By Carluke and now at 0/1 110 Lancefield Quay, Glasow (the Second Respondent); Repel the Second Respondent’s plea of Oppression; Find the First Respondent guilty of Professional Misconduct either singly or in cumulo in respect of his repeated failure to respond to the reasonable enquiries of the Law Society, his repeated failure to comply with Notices served on him by the Law Society, his failure to implement Mandates and his failure to respond to fellow solicitors, his failure to arrange effective registration of the title of a client and the security in relation to that client’s loan, his failure to provide a signed Assignation of lease and deliver an extract, his breach of Rules 4, 8, 9, 10, 11 and 24 of the Solicitors (Scotland) Accounts etc Fund Rules 2001, his repeated delay or failure to stamp, record or register timeously Dispositions, Standard Securities and Discharges and his failure to comply with the Solicitors (Scotland) Professional Indemnity Insurance Rules 1995 by operating without professional indemnity insurance; Find the Second Respondent guilty of professional misconduct either singly or in cumulo in respect of his failure to reply to the reasonable requests of the Law Society for information, his breach of Rules 4, 6, 8, 9, 10, 11 and 24 of the Solicitors (Scotland) Accounts etc Fund Rules 2001, his repeated delay or failure altogether to stamp, record or register Dispositions, Standard Securities and Discharges, and his failure to comply with the Solicitors (Scotland) Professional Indemnity Insurance Rules 1995 by operating without professional indemnity insurance; Order that the name of the First Respondent John Atuahene be struck off the Roll of Solicitors in Scotland; Order that the name of the Second Respondent Richard Thomas Thorburn be struck off the Roll of Solicitors in Scotland; Find the First and Second Respondents each liable for one half of 80% of 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 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 £14.00; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondents.

Malcolm McPherson

  Vice Chairman

The Procedural Decision of 1 february 2006 can be found here.