Law Society-v-John Gerard O’Donnell
Interlocutor
Edinburgh 17 February 2009. The Tribunal having considered the Complaints dated 23 June 2008 and 29 August 2008 at the instance of the Council of the Law Society of Scotland against John Gerard O’Donnell, 15 Clarkston Road, Glasgow; Find the Respondent guilty of Professional Misconduct in respect of his failure to comply with undertakings given to an individual and that individual’s solicitor, his unreasonable delay in having a lease completed and registered and his misleading the individual and the individual’s solicitor in that regard and his failure to advise the individual and the individual’s solicitor of the true position, his failure to comply with the guidelines on mandates 1998, his misleading the Law Society and his unreasonable delay on a number of occasions in responding to the reasonable enquiries of the Law Society; Censure the Respondent; and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of five years, with effect from 1st June 2009, any practising certificate held or issued to the Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to such employer as may be approved by the Council of or the Practising Certificate Committee of the Law Society of Scotland; 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 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 Respondent.
Vice Chairman