Law Society-v-John Fraser Tait

By Video Conference, 24 August 2023.  The Tribunal having considered the Complaint dated 28 April 2023 at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against John Fraser Tait, Tait Macleod, Eilean Chambers, 6 Park Street, Falkirk; Find the Respondent guilty of professional misconduct in respect that he failed to provide the Scottish Legal Complaints Commission with a copy of a file in order for it to investigate a complaint against the firm of Tait MacLeod, despite this being requested by the Scottish Legal Complaints Commission on 17 May 2021 and 10 June 2021;  Censure the Respondent; Fine him in the sum of £1,500 to be Forfeit to His Majesty; 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 if so advised.

Stranraer,  12 December 2023. The Tribunal, having considered the Complaint at the instance of the Council of the Law Society of Scotland against John Fraser Tait, Tait Macleod, Eilean Chambers, 6 Park Street, Falkirk, and having previously determined that the Respondent was guilty of professional misconduct, and having been advised by parties that the Respondent had agreed to pay, and the Secondary Complainer had agreed to accept, compensation of £1,000 in respect of this Complaint; Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to make payment to the Secondary Complainer, Bridget Raeside, 55 Bar Farm Road, Kilsyth, Glasgow in the sum of £1,000 in respect of inconvenience and distress directly arising 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; and finds no expenses due to or by either party in relation to the claim for compensation.

Kenneth Paterson

Vice Chair