Law Society-v-John Raymund MacDonald

Edinburgh 16 May 2013.  The Tribunal having considered the amended Complaint dated 24 April 2013 at the instance of the Council of the Law Society of Scotland against John Raymund MacDonald, Solicitor, 69 Carnethie Street, Rosewell, Midlothian; Find the Respondent guilty of Professional Misconduct in respect of; his failure to inform various lenders, prior to intromitting with loan funds over properties, that the sellers of the properties to the client of the Respondent had owned the various properties for a period less than 6 months contrary to Clause 5.1.1 of the CML Lender’s Handbook; his failure to inform the various lenders prior to intromitting with loan funds over the properties that neither he nor the firm had control over all of the funds paid to the selling agents in respect of the purchase prices of the various transactions, contrary to the CML Lender’s Handbook; his failure to inform the various lenders prior to intromitting with the loan funds that his clients were paying much higher prices for the various properties than the sellers had paid when they acquired the properties, despite a requirement to do so in terms of the CML Lender’s Handbook; his failure to submit a suspicious activity report to SOCA in advance of settling the transactions as he was required to do in terms of the Proceeds of Crime Regulations and his failure to comply with the instructions from his clients,  the lenders and failure to comply with the principles of the CML Lender’s Handbook and failure to act diligently and with the utmost propriety; Order that the name of the Respondent, John Raymond MacDonald, be struck off the Roll of Solicitors in Scotland; 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.

Dorothy Boyd

Vice Chairman