Law Society-v-Mark John Stalker
Interlocutor
Edinburgh 23rd November 2005. The Tribunal having considered the Complaints dated 1st November 2004, 13th July 2005 and 22nd November 2005 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 repeatedly misleading clients, his failure to progress business on behalf of clients, his failure in his representation of clients, his acting without clients’ instructions, his deceiving his employer, his misleading a fellow solicitor and his failure to reply to the reasonable enquiries made of him by the Law Society; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that 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 and being supervised by such employer or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Committee of the Law Society of Scotland and that for an aggregate period of at least five years and thereafter until such time as he satisfies the Tribunal that he is fit to hold a full practising certificate; 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 a solicitor 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