Law Society-v-Richard James Barber Hill
Interlocutor
Edinburgh 18th April 2006. The Tribunal having considered the Complaint dated 1st February 2006 and the Minute of Amendment at the instance of the Council of the Law Society of Scotland against Richard James Barber Hill, Solicitor, Messrs Stevenson & Johnstone, Solicitors, Bank of Scotland Buildings, Langholm; Find the Respondent guilty of Professional Misconduct in respect of his failure to advise his client to seek independent advice, his acting for two parties in the knowledge that their interests conflicted and his preparing a document which was adverse to his client’s interests and presenting it to her for her to sign and his failing to advise her to obtain independent legal advice before signing it; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for a period of three years any practising certificate held or issued to the Respondent shall be subject to such Restriction as will limit him to acting as a qualified assistant to such employer as may be approved by the Council or the Practising Certificate Committee of the Council of the Law Society of Scotland; 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 a solicitor 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 £11.85; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.
K. Robb
Vice Chairman