Law Society-v-John Davidson

Edinburgh 26 March 2009.  The Tribunal having considered the Complaints dated 23 May 2008 and 26 March 2009 at the instance of the Council of the Law Society of Scotland against John Davidson, Solicitor, Ivybank House, 22 Forrest Street, Airdrie; Find the Respondent guilty of Professional Misconduct singly and in cumulo in respect of his acting on behalf of Mr A in a situation in which there was a conflict of interest between his own interests and those of Mr A’s; his failure to advise Mr A to seek independent legal advice; his breach of the requirements of Article 7 of the Code of Conduct for Scottish Solicitors promulgated in 2002 by acting in a dishonest fashion; his breach of Section 23 of the Solicitors (Scotland) Act 1980 by practising as a solicitor or holding himself out as entitled by law to practice as a solicitor without having a current practising certificate; his breach of Section 32 of the Solicitors (Scotland) Act 1980 by preparing an application for a grant of Confirmation in favour of executors when he was unqualified to do so by virtue of not having a practising certificate; his acting in a situation in which he had neither a practising certificate nor professional indemnity insurance; his failure to respond to correspondence from the Law Society of Scotland; his attempt to mislead the Law Society of Scotland in relation to Mr A’s attitude to the complaint and his failure to obtemper statutory notices served on him by the Law Society of Scotland; Order that the name of the Respondent be struck off the Roll of Solicitors in Scotland; Find that the Respondent failed to comply with the Determination and Direction given by the Law Society of Scotland on 15 January 2008 under Section 42A of the Solicitors (Scotland) Act 1980 within the period specified; Direct that an Order be issued under Section 53C of the said Act; 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, 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.

Alistair Cockburn

Chairman