Law Society-v-Stephen Harper

By Video Conference, 22 June 2023.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh against Stephen Andrew Harper, c/o 37 Seaforth Avenue, Wick, Caithness; Find the Respondent guilty of professional misconduct in respect that he failed to act diligently in that he failed to finalise the tax compliance work for the Trust following the death of the life tenant; failed to act diligently or in the best interests of the Trustees in that he delayed unconscionably and failed to complete the winding up of the Trust; failed to act diligently or communicate effectively with his client in that the Respondent did not inform the Secondary Complainer that he had ceased to practice despite having been engaged in an ongoing matter; and accepted instructions to deal with matters which were beyond his professional competence;  Censure the Respondent; Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that for an aggregate 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 or successive employers as may be approved by the Council of the Law Society of Scotland or the Practising Certificate Sub Committee of the Council of the Law Society of 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; Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent and the Secondary Complainer but need not identify any other person; and Allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a claim for compensation if so advised.

                                                     Kenneth Paterson

  Vice Chair

By Video Conference, 10 November 2023. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Stephen Andrew Harper, c/o 37 Seaforth Avenue, Wick, Caithness and having previously determined that the Respondent was guilty of professional misconduct; Having considered whether it was appropriate to award compensation to the Secondary Complainer; Make no award of compensation; Make no finding of expenses due to or by either party; and Direct that publicity will be given to this decision.