Law Society-v-Norman Alexander Fyfe Banski

Edinburgh 2 October 2018.  The Tribunal having considered the Complaint dated 8 June 2018 at the instance of the Council of the Law Society of Scotland against Norman Alexander Fyfe Banski, 11 Bridge of Dee Court, Aberdeen; Find the Respondent guilty of professional misconduct in respect that he (a) breached Rule 4(1) of the 2001 Accounts Rules by having a deficit on various occasions between April 2011 and July 2011, (b) failed to keep written up books of his practice so as to show all his dealings with clients’ money in breach of Rule 8(1) of the 2001 Accounts Rules, (c) failed to maintain the firm’s books so as to show the true financial position of the firm between April 2011 and July 2011 in breach of Rule 8(4) of the 2001 Rules, (d) charged grossly excessive fees in relation to various executry estates and to DM, and (e) failed to render fee notes in respect of those fees which were taken by him; 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.

Kenneth Paterson

  Vice Chairman