Law Society-v-Roderick G Mickel

Edinburgh 17 July 2013 The Tribunal, having considered the amended Complaint dated 15 March 2013 at the instance of the Council of the Law Society of Scotland against Roderick G Mickel, formerly of Graham Mickel & Co, 38 James Square, Crieff and now St Ives, Perth Road, Crieff; Find the Respondent guilty of Professional Misconduct in respect of; his breach of Rules 4, 6 & 21 of the Solicitors (Scotland) Accounts Etc Rules 2001 in taking a loan from Mrs A without her instructions and / or authority, without the client having taken independent legal advice and advising the client that the loan was to another client when in fact the loan was to the Respondent; his breach of Rule 6 of the aforesaid Accounts Rules in that he uplifted funds as fees from the client ledgers for the executries of Mr F and Mr G and funds from the clients ledger of Miss D, the funds being for his own use; and his failure to display the necessary qualities of honesty, truthfulness and integrity in using clients’ funds for his own use; Order that the name of the Respondent be struck from the Roll of Solicitors in Scotland; Find the Respondent liable in 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 should include the name of the Respondent.

Dorothy Boyd

Vice Chairman