Law Society-v-Michael Gerard Kilkerr

By Video Conference,  6 December 2022.  The Tribunal having considered the Complaint dated 12 May 2022 at the instance of the Council of the Law Society of Scotland against Michael Kilkerr, of Michael G Kilkerr, 1 Bridge Street, Stranraer; Find the Respondent guilty of professional misconduct singly and in cumulo in respect that he failed to communicate effectively with the Secondary Complainer in breach of Rule B1.9.1, and acted in a conflict of interest situation in breach of Rules B1.7 and B2.1.4, all of the Law Society of Scotland Practice Rules 2011; Censure the Respondent; Fine the Respondent in the sum of £1,000 to be forfeit to His Majesty; Find the Respondent liable in 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and the witnesses who gave evidence at the hearing but need not identify any other person; and Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

 Colin Bell

  Chair

By Video Conference, 20 March 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Michael Gerard Kilkerr, of Michael G Kilkerr, 1 Bridge Street, Stranraer (“the Respondent”) 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, James Alan Craig, 31 Park Road, Dunragit, Stranraer, the sum of £1,000 by way of compensation in respect of loss 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; Finds no expenses due to or by any party; and Directs that publicity will be given to this decision and that this publicity should include the name of the Respondent, the Secondary Complainer and Karen Craig but need not identify any other person.