Law Society-v-Peter McDowall Murray and Andrew Alexander Murray
Interlocutor
Edinburgh 16 May 2011. The Tribunal having considered the Complaint dated 7 February 2011 at the instance of the Council of the Law Society of Scotland against Peter McDowall Murray, Solicitor, AB & A Matthews LLP, Bank of Scotland Buildings, Newton Stewart (“the First Respondent”) and Andrew Alexander Murray, Solicitor, Hunter & Murray Solicitors, 25 Lewis Street, Stranraer (“the Second Respondent”); Find the First Respondent guilty of Professional Misconduct in respect of his between 29 April 2008 and 30 May 2008 failing to adequately supervise his employee, the Second Respondent and permitting him to act on behalf of clients in their purchase of a property in circumstances where the Firm and in particular the First Respondent acted for the seller who was a Property Developer all in breach of Rule 5 of the Solicitors (Scotland) Practice Rules 1986; Find the Second Respondent guilty of professional misconduct in respect of his between 29 April 2008 and 30 May 2008 acting on behalf of clients in their purchase of a property in circumstances where the Firm also acted on behalf of the seller who was a Property Developer and there was a clear conflict of interest between the respective clients, all in breach of Rules 3 and 5 of the Solicitors (Scotland) Practice Rules 1986; Censure the First Respondent and Fine him in the sum of £500 to be forfeit to Her Majesty; Censure the Second Respondent and Fine him in the sum of £500 to be forfeit to Her Majesty; Find each Respondent liable in respect of one half 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 will include the names of the Respondents.
Malcolm McPherson
Vice Chairman