Law Society-v-Martin John Carey
Interlocutor
Edinburgh 26th April 2006. The Tribunal having considered the Complaint dated 27th September 2005 at the instance of the Council of the Law Society of Scotland against Martin John Carey, formerly of Alexander & Martin, Solicitors, Falkirk and now of Scullion & Company, Solicitors, 5 Church Street, Hamilton; Repel the preliminary pleas of mora and personal bar; Find the Respondent guilty of Professional Misconduct in cumulo in respect of his unreasonable delay in recording or registering title deeds in favour of clients, his unreasonable delay in recording or registering standard securities in favour of lenders and his failure to act in accordance with the principles set forth in Article 5(e) of the Code of Conduct for Scottish Solicitors 2002 in that he did not communicate effectively with clients; 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.
Malcolm McPherson
Vice Chairman