Law Society-v-Norman James Cowie

Edinburgh 26 February 2009.  The Tribunal having considered the Complaint dated 14 July 2008 at the instance of the Council of the Law Society of Scotland against Norman James Cowie, Solicitor, formerly of Cowie & Co., 198 High Street, Cowdenbeath, Fife and now of 36 Crawford Gardens, St. Andrews, Fife; Find the Respondent guilty of professional misconduct in cumulo in respect of his failure to respond timeously, openly and accurately to the reasonable enquiries made of him by the Law Society; his failure to respond to statutory notices served upon him by the Law Society; his failure and unreasonable delay in recording or registering title deeds; his breach of Article 9 of the Code of Conduct for Scottish Solicitors 2002 by failing to deliver conveyancing deeds in terms of a formal undertaking issued by him despite receiving repeated requests for him to implement his undertaking and his breach of Rule 5 of the Solicitors (Scotland) Practice Rules 1986 in relation to acting for both parties in a sale and purchase of a heritable property in that he did not write to the parties explaining the position to him as quickly as he ought; Order that the name of the Respondent be struck off the Roll of Solicitors in Scotland; Find that the Respondent failed to comply with sixteen Determinations and Directions given by the Law Society of Scotland on 20 June 2006, 6 July 2006, 8 August 2006, 26 July 2006, 12 September 2006, 24 May 2006, 11 January 2007, 13 January 2007, 22 January 2008, 12 June 2007, 6 September 2007, 24 October 2006, 2 August 2007, 24 April 2007, 11 January 2007 and 22 May 2007 under Section 42A of the Solicitors (Scotland) Act 1980 within the periods specified; Direct that sixteen Orders be issued under Section 53C of the said Act; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal as the same may be taxed by the auditor of the Court of Session on an agent and client 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.

  Chairman