Law Society-v-Ross James Porter

Edinburgh 6 November 2019.  The Tribunal having considered the Complaint dated 28 March 2019 at the instance of the Council of the Law Society of Scotland against Ross James Porter, Basement Flat, 8 Stormont Street, Perth; Find the Respondent guilty of professional misconduct in respect of he (a) sent emails to the Secondary Complainer on 1 April and 2 April 2014 in terms which were inappropriate, derogatory and offensive in their nature and which were capable of bringing the profession into disrepute, (b) sent emails to the Secondary Complainer on 1 April and 2 April 2014 which were inappropriate, derogatory and offensive in their nature which drew the Respondent’s integrity into question and thereby constituted a breach of Rule B1.2 of the Law Society of Scotland’s Practice Rules 2011, (c) sent emails to the Secondary Complainer’s mother on 2 April 2014 which were inappropriate and offensive in their nature towards the Secondary Complainer and which were capable of bringing the profession into disrepute, (d) sent emails to the Secondary Complainer’s mother on 2 April 2014 which were inappropriate and offensive in their nature towards the Secondary Complainer, which drew the Respondent’s integrity into question and thereby constituted a breach of Rule B1.2 of the Law Society of Scotland’s Practice Rules 2011; Censure the Respondent; 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person; Allow the Secondary Complainer 28 days from the date of intimation of these findings to lodge a claim for compensation with the Tribunal Office.

Kenneth Paterson

  Vice Chair

Compensation Interlocutor:

Thornhill 20 May 2020.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Ross James Porter, Basement Flat, 8 Stormont Street, Perth and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Mr A, has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mr A, the sum of £750 by way of compensation in respect of inconvenience resulting from the misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person. 

Colin Bell

Vice Chair