Law Society-v-Mark John Stalker
Interlocutor
Edinburgh 14 June 2006. The Tribunal having considered the Complaint dated 6 April 2006 at the instance of the Council of the Law Society of Scotland against Mark John Stalker, Solicitor, Flat 1C Nicolson Court, 36 Nicolson Street, Greenock; Find the Respondent guilty of Professional Misconduct in respect of his misleading his client by advising him that he was seeking information from other hospitals when he was in fact making no such enquiries and his continuing to make no such enquiries up to the conclusion of the proceedings on 30 January 2003; his failure between 12 May 1999 and 30 January 2003 in his representation of his client by his failure to keep his client adequately informed of the progress of his court action and his agreeing to the court action against Argyle & Clyde Health Board being dismissed and the defenders assoilized with expenses against his client without his client’s knowledge or instructions and his failure between 4 March 2005 and 7 October 2005 to respond to the reasonable enquiries of the Law Society or comply with the notices served upon him; Censure the Respondent; 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 £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
Kenneth R Robb
Vice Chairman