Law Society-v-John Atuahene
Interlocutor
Edinburgh 13th November 2006. The Tribunal having considered the Complaint dated 5th June 2006 at the instance of the Council of the Law Society of Scotland against John Atuahene, Solicitor, 72 Hawkshead Road, Paisley; Find the Respondent guilty of Professional Misconduct in cumulo in respect of his failure, over a period of almost five months, to record or register his client’s disposition whereby his client remained uninfeft, his misleading his clients Lender 1 in correspondence and in the report on title between 3rd March 2004 and 5th July 2004 by advising them that there was an undelivered duly executed disposition when in fact the executed disposition had been delivered and by advising them that loan funds were to be used for the purchase of the property whereas in truth the purchase price of the property had already been paid and the loan funds were not being used for that purpose and his intromitting between 23rd June and 1st July 2004 with loan funds received from his clients Lender 1 for the purchase by his client of the property and utilising those funds for the provision of a loan to another party in connection with another property, all without the knowledge or authority of Lender 1; Censure the Respondent 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 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 and that for an aggregate period of at least three years and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full practising certificate; 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