Law Society-v-Robert Thomas
Interlocutor
Edinburgh 23rd March 2006. The Tribunal having considered the Complaint dated 22nd March 2006 at the instance of the Council of the Law Society of Scotland against Robert Thomas, Solicitor, of Messrs Robert Thomas & Caplan, Solicitors, 365 Victoria Road, Glasgow; Find the Respondent guilty of Professional Misconduct in respect of his conduct not being in accordance with the principles set out in the articles of the Law Society’s Code of Conduct for Solicitors Holding Practising Certificates, in particular, Article 5(a) of that Code, in that he assisted a client to dispose of assets which the Crown was seeking to confiscate as being the alleged proceeds of crime; Censure the Respondent and Fine him in the sum of £5000 and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that with effect from 23rd June 2006, 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 and be supervised by such employer or successive employer as may be approved by the Council or the Practising Certificate Committee of the Council of the Law Society of Scotland for a period of five years; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal in relation to this and the preliminary hearing, 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 £11.85; and Direct that publicity will be given to both this decision and the previous decision and that this publicity should include the name of the Respondent.
Alistair Cockburn
Chairman
Procedural Interlocutor
Edinburgh, 2 December 2004. The Tribunal having considered the Complaint dated 22 November 2004, at the instance of the Council of the Law Society of Scotland against Robert Thomas, Solicitor, of Messrs Robert Thomas & Caplan, Solicitors, 365 Victoria Road, Glasgow, Dismiss the Respondent’s preliminary plea of res judicata and adjourn the Hearing of the Complaint to such future date as may be fixed. Direct that the issue of expenses be reserved until the conclusion of the matter, and Direct that publicity be given to this Decision but that such publicity be deferred until a date to be agreed by the Tribunal.
G Fraser Ritchie
Chairman