Law Society-v-Neil Brennan Barnes

Edinburgh 27 January 2020.  The Tribunal having considered the Complaint dated 18 September 2019 at the instance of the Council of the Law Society of Scotland against Neil Brennan Barnes, 1 Foinavon Gardens, Thornliebank, Glasgow; Find the Respondent guilty of professional misconduct in respect that he (a) Failed to settle the Secondary Complainer’s fee notes and acted in contravention of his statutory obligation to make payment, that contravention continuing for such a period of time that the continued failure of the Respondent brought the profession into disrepute; (b) Failed to communicate effectively with the Secondary Complainer in particular failing to provide a clear and comprehensive explanation as to the present position of the status of the two clients’ legal aid accounts from January 2015 to December 2017 in contravention of Rule B1.9.1 of the 2011 Practice Rules; (c) Failed to offer clear, regular and accurate explanations as to the status of the two clients’ legal aid accounts and submitted a cheque in settlement of two invoices in a sum less than that due by the Respondent in contravention of Rule B1.14.1 of the 2011 Practice Rules; Censure 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.

Colin Bell

  Vice Chair