Law Society-v-Kenneth John Baillie Stewart Macleod

By Video Conference, 1 July 2021.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Kenneth John Baillie Stewart MacLeod, MacLeods WS, 13 Lombard Street, Inverness; Find the Respondent guilty of professional misconduct in respect of his breaches of Rule 3 of the Solicitors (Scotland) Practice Rules 1986, Rules 1, 2, 3, 6, 7 and 9 of the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008, and Rules B1.2 and B1.9 of the Law Society of Scotland Practice Rules 2011;  Order that the name of the Respondent be struck off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written Findings are intimated to the Respondent; 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 the Secondary Complainer or 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 with the Tribunal Office.

Ben Kemp

  Vice Chair

Compensation Interlocutor:

By Video Conference, 1 November 2021.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Kenneth John Baillie Stewart MacLeod, MacLeods WS, 13 Lombard Street, Inverness (“the Respondent”) and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mr A, the sum of £5,000 by way of compensation in respect of loss resulting from the professional misconduct 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; Finds no finding of expenses due to or by any party; and Directs 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.

Benjamin Kemp

Vice Chair