Law Society-v-Michael Gerald Rourke and John Knox Aitken
Interlocutor
Edinburgh19 November 2008. The Tribunal having considered the Complaint dated 18 June 2008 at the instance of the Council of the Law Society of Scotland against Michael Gerald Rourke, Solicitor, of Robert Thomas & Caplan Solicitors, 365 Victoria Road, Glasgow (the First Respondent) and John Knox Aitken Solicitor, of Robert Thomas & Caplan Solicitors, 365 Victoria Road, Glasgow (the Second Respondent); Find the First and Second Respondents guilty of Professional Misconduct in respect of their repeated and numerous breaches of the Solicitors (Scotland) Accounts Certificate, Professional Practice and Guarantee Rules 2001 and the Solicitors (Scotland) Practice Rules 1986, their failure to protect the interests of lending institutions to their clients and the interests of their clients by delaying unreasonably to present for registration conveyancing deeds in relation to transactions and their failure to protect the interests of the lending institutions on whose behalf they were acting by drawing their attention to unusual occurrences in the conveyancing transactions in which they were instructed; Censure the First Respondent; Fine him in the sum of £5,000 to be forfeit to Her Majesty; and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or issued to the First Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to and to 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 5 years with effect from 1st March 2009; Censure the Second Respondent and fine him in the sum of £5,000 to be forfeit to Her Majesty; and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any practising certificate held or issued to the Second Respondent shall be subject to such restriction as will limit him to acting as a qualified assistant to and to 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 5 years with effect from 1st March 2009; Find the Respondents jointly and severally liable in the expenses of the Complainers and 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 £14.00; and Direct that publicity will be given to this decision and that this publicity should include the names of the First and Second Respondents.
Chairman