Law Society-v-Roy William Andrew Miller

Edinburgh, 7 March 2018.  The Tribunal having considered the Complaint dated 31 October 2016 at the instance of the Council of the Law Society of Scotland against Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner, at 6 St Ninian Terrace, Crown Street, Glasgow; Find the Respondent guilty of professional misconduct in cumulo in respect that (a) He lost all documentation provided to him by Mr A and unduly delayed in raising a court action, (b) He failed or delayed in advising Mr A about the proof diet fixed for 19 October 2010 and failed to contact and to take any statements from witnesses and to cite witnesses before that proof, (c) He failed or delayed in advising Mr A that a decree with expenses was granted on 19 October 2010 until 17 November 2010, (d) He provided inadequate instructions to a local agent for the appearance at a hearing in Mr A’s case on 7 December 2010 and thereafter failed or delayed in advising upon or providing Mr A with any update following the hearing, (e) He failed to contact and to take any statements from witnesses and to cite any witnesses before the proof in Mr A’s case on 4 July 2011, and (f) He failed to respond to the Complainers’ correspondence including formal statutory notices relating to Mr A, and separately in cumulo in respect that (g) He failed or delayed in progressing Mrs C’s divorce, (h) He failed to communicate effectively with Mrs C, (i) He failed to obtain or having obtained, lost Mrs C’s marriage certificate, and (j) He failed to respond to the Complainers’ correspondence including formal statutory notices relating to Mrs C, and separately in cumulo in respect that (k) He failed or at least delayed unduly since February 2014 to demonstrate what, if any, repayment arrangements are in place to clear sums due by Miller & Co to HMRC in respect of VAT and PAYE, or to provide evidence to the Complainers of sums repaid, or to provide to the Complainers with an updated trial balance and nominal ledgers showing the full liability to HMRC as part of the records of the practice unit, (l) He failed or at least delayed unduly since May 2014 to exhibit a corrected nominal ledger showing a £65 outlay (which had been recorded as client funds held in the firm account) to have been written off, (m) He failed or at least delayed unduly since August 2014 in responding to the Complainers’ reasonable enquiries in connection with the financial affairs of the practice unit, or in co-operating with the Complainers for the purposes of arranging a further inspection of the practice unit, and (n) He failed to respond to the Complainers’ correspondence including formal statutory Notices; Order that the name of the Respondent be struck off the Roll of Solicitors in Scotland; Direct in terms of Section 53(6) of the Solicitors (Scotland) Act 1980 that this order shall take effect on the date on which the written findings are intimated to 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; and Allow the Secondary Complainers 28 days from the date of intimation of these Findings to lodge written claims for compensation with the Tribunal Office. 

 Nicholas Whyte

  Chairman

Compensation Interlocutor (1):

Edinburgh 28 August 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner at 6 St Ninian Terrace, Crown Street, Glasgow 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 consider that it is appropriate to award compensation to the said 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 £1,000 by way of compensation in respect of loss, inconvenience and distress 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; Find the Respondent liable in the expenses 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 but need not identify any other person.

Kenneth Paterson

Vice Chairman

Compensation Interlocutor (2): 

Edinburgh 28 August 2018.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner at 6 St Ninian Terrace, Crown Street, Glasgow and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Mrs C, has been directly affected by the Respondent's misconduct and consider that it is appropriate to award compensation to the said Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer, Mrs C, the sum of £1,319 by way of compensation in respect of loss, inconvenience and distress 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; Find the Respondent liable in the expenses 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 but need not identify any other person.

Kenneth Paterson

Vice Chairman