Law Society-v-Louise Elizabeth Sutherland

Edinburgh 23 April 2018.  The Tribunal having considered the Complaint dated 26 June 2017 at the instance of the Council of the Law Society of Scotland against Louise Elizabeth Sutherland, The Cottage, Murtle Den Road, Milltimber; Find the Respondent guilty of professional misconduct singly and in cumulo in respect that she (a) failed to act in a trustworthy and honest manner where her actings were both fraudulent and deceitful, (b) inappropriately drew fees from the client account which were not justified and accordingly overcharged clients, (c) rendered fees for which there was no justification, (d) in respect of seven instances knowingly and intentionally made entries where the narratives were misleading and masked the true financial position of the clients account, the financial position of the firm and the audit trail, (e) rendered 120 fee notes where no work had been done to justify any fee, (f) did not keep properly written account records to reflect the true position with the client account, (g)  dishonestly put through fees she knew she was not entitled to, in order to use the client account money for other purposes, (h) as cashroom manager or designated cashroom partner, did not appropriately discharge her responsibilities and (i) caused or knowingly permitted the practice unit not to comply with the provisions of Rule 6 of the 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and any party referred to within Paragraph 14A of Schedule 4 to the Solicitors (Scotland) Act 1980 but that this publicity should be deferred until the conclusion of any associated criminal proceedings against the Respondent or intimation that none are to be brought.

 Nicholas Whyte

  Chairman

NOTE:

The Tribunal agreed on 3 August 2021 that this decision could be published.