Law Society-v-Paul Saunders Jardine and Gordon Alexander Phillips
Interlocutor
Edinburgh 19 December 2008. The Tribunal having considered the Complaint dated 15 April 2008 at the instance of the Council of the Law Society of Scotland against Paul Saunders Jardine, Solicitor, of Jardine Philips LLP, 205 Morningside Road, Edinburgh (hereinafter referred to as “the First Respondent”) and Gordon Alexander Philips Solicitor, of Jardine Philips LLP, 205 Morningside Road, Edinburgh (hereinafter referred to as “the Second Respondent”); Find the First and Second Respondents guilty of Professional Misconduct in respect of their breach and/or failure to follow the Code of Conduct for Scottish Solicitors 2002, Rules 2, 7 and 9; their breach of the Solicitors (Scotland) (Advertising and Promotion) Practice Rules 2006, Rule 4; their failure to follow the Law Society of Scotland’s Guidance on Mandates and in relation to their actings at the time of the dissolution of the partnership in that they redirected firm mail without the knowledge and consent of their Partner and they misrepresented the position regarding their Partner’s practice to a number of organisations; Censure both Respondents; Fine each Respondent in the sum of £5,000 to be forfeit to Her Majesty; and Find them jointly and severally 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 indemnity 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 but such publicity be deferred pending the outcome of any further proceedings arising out of this matter.
David C Coull
Vice Chairman