Law Society-v-Kevin Wallace Alexander Davidson
Interlocutor
Edinburgh 15 December 2011. The Tribunal having considered the Complaints dated 11 August 2011 at the instance of the Council of the Law Society of Scotland against Kevin Wallace Alexander Davidson of K.W.A.D., Brodie Point, 133-137 Holburn Street, Aberdeen; Find the Respondent guilty of Professional Misconduct in cumulo in respect of his failure to adequately supervise the conduct of employees then acting in the course of their employment with him in so far as these employees were involved in conveyancing transactions in terms of which they presented to lenders, on whose behalf they were acting, inaccurate incorrect and misleading information which subsequently led to the financial gain the client of the Respondent’s firm; in that they failed to abide by the loan instructions provided to them and failed to comply with their obligations in terms of the Council of Mortgage Lenders Handbook for Scotland and in particular the duty to report to the lender an unusual circumstance in relation to the transaction and his failure to comply with Rule 24 of the Solicitors (Scotland) Accounts Etc Rules 2001; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of three years with effect from 1 June 2012 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 or the Practising Certificate Sub Committee of the Council of the Law Society of 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.
Kirsteen Keyden
Vice Chairman