Law Society-v-Matthew Philip Berlow

By Video Conference, 27 April 2023.  The Tribunal having considered the Complaint dated 2 February 2022 at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Matthew Philip Berlow, 9 Lochbroom Court, Newton Mearns, Glasgow; Find the Respondent guilty of professional misconduct in respect that (1) his actions lacked integrity and to that extent breached Rule B1.2, when in a Facebook comment he deliberately associated members of the Scottish Palestine Solidarity Campaign with the criminal act of graffiti, knowing no crime had taken place and that the original post was false, (2) his actions were likely to bring the profession into disrepute when he made a payment of £800 cash to Mr Reid in circumstances which appeared to be a quid pro quo for Mr Reid’s assistance with the Respondent’s ongoing complaints against Neil McPherson, (3) his actions were likely to bring the profession into disrepute and breached Rule 1.14.1 and Rule B1.14.2, when he made disparaging remarks about Neil McPherson to Mr Reid, after the Respondent had withdrawn from acting for Mr Reid and Mr Reid had engaged Mr McPherson and (4) his actions breached Rule B1.14.1, and Rule B1.2 in that they lacked integrity, and were likely to bring the profession into disrepute, when he published a grossly offensive exchange between two other people on his closed Facebook group for criminal lawyers;  Censure the Respondent; Fine the Respondent in the sum of £2,500 to be forfeit to His Majesty; Find the Respondent liable in respect of 80% of 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainers, but need not identify any other person, but that publicity should be deferred pending the conclusion of any associated criminal proceedings or confirmation that there are to be no such proceedings; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

By Video Conference, 18 September 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Matthew Philip Berlow, 9 Lochbroom Court, Newton Mearns, Glasgow and having previously determined that the Respondent was not guilty of professional misconduct in relation to the matters in which the Secondary Complainer could claim to have been directly affected by the Respondent’s conduct; Having considered whether it was appropriate to award compensation to the Secondary Complainer; Make no award of compensation; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainer but that this publicity should be deferred until the Tribunal’s findings of 27 April 2023 are published.

By Video Conference, 23 October 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Matthew Philip Berlow, 9 Lochbroom Court, Newton Mearns, Glasgow and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer has been directly affected by the Respondent’s misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mick Napier on behalf of the Scottish Palestine Solidarity Campaign, 23 Woolfords, West Calder, the sum of £250 by way of compensation in respect of inconvenience resulting from the professional misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the names of the Respondent and the Secondary Complainer but that this publicity should be deferred until the Tribunal’s findings of 27 April 2023 are published.