Law Society-v-Paul Gerard Kirk
Interlocutor
Edinburgh 26th July 2007. The Tribunal having considered the Complaint dated 2nd May 2007 at the instance of the Council of the Law Society of Scotland against Paul Gerard Kirk, of 748a Old Edinburgh Road, Viewpark, Uddingston, Glasgow; Find the Respondent guilty of Professional Misconduct singly and in cumulo in respect that: a) he acted in a dishonest fashion to obtain significant overpayments from SLAB; b) he acted in an dishonest fashion on 30 occasions submitting accounts to SLAB which were designed to double his charges in respect of a particular period thereby enhancing the amounts of money claimed by him from SLAB; c) as a consequence of his practices he acted in breach of Article 7 of the Code of Conduct for Solicitors and in breach of the Code of Conduct for Solicitors Practising in Criminal Work and in breach of the Code of Practice implemented and required by SLAB for Solicitors providing Criminal Legal Assistance; d) he failed to reply to timeously, openly and accurately to reasonable enquiries made of him by the Law Society in relation to the investigation of a Complaint made against him; Censure the Respondent; Fine the Respondent the sum of £10,000 to be forfeit to Her Majesty; 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 agent and client indemnity basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business at a unit rate of £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
Alistair M Cockburn
Chairman