Law Society-v-Michael Thomas McSherry

Edinburgh 27 June 2017.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland dated 11 April 2017 against Michael Thomas McSherry, Solicitor, 51 Morven Road, Bearsden, Glasgow; Find the Respondent guilty of professional misconduct singly in respect of his misrepresentation to Mr D about the purpose for which funds were held (issue 1), the improper, incomplete and inaccurate recording in the client ledgers (issue 2), and his misrepresentations to Slater, Hogg and Howieson and TLT Solicitors (issues 6 and 7); and in cumulo in respect of his failure to carry out proper money laundering checks on Company 1 and Mr C (issues 3 and 5), his failure to investigate the source of funds from Mr D (issue 4), his poor record-keeping and accounting practices (issue 8), his failure to reconcile bank statements (issue 9) and his failure to undertake training in connection with his role as cashroom manager (issue 10);  Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written findings are intimated to the Respondent; 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 but need not identify any other person.

Alan McDonald

Vice Chairman