Law Society-v-Steven Archibald Murray
Interlocutor
By Video Conference, 1 February 2021. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Steven Archibald Murray, The MMFW Partnership, 917 Shettleston Road, Glasgow; Find the Respondent guilty of professional misconduct singly in respect that (a) In the period between 1 January 2014 and 17 July 2015 he unduly delayed in obtaining confirmation in the estate of the late RW; (b) In the period between 8 December 2015 and 12 July 2016 he unduly delayed and/or failed to timeously implement a mandate sent by the Secondary Complainer’s new agents seeking all papers and documents in relation to both the Trust and the Executry despite repeated requests from the Secondary Complainer's new agents; and (c) He failed to comply with his responsibilities as client relations manager of the firm by failing to send a response to the Secondary Complainer in relation to her letter of complaint dated 10 February 2017 and in cumulo in respect that (a) In the period between 1 January 2014 and 8 December 2015 he failed to exercise the appropriate level of skill required to deal with the administration of the said estate in that he incorrectly advised the Secondary Complainer that the late RW’s share of the Trust capital should be excluded from the application for confirmation and thereafter submitted an application for confirmation excluding said capital; whereas a capital sum of approximately £90,000 should have been included thus bringing the whole value of the estate above the threshold for inheritance tax purposes; and (b) In the period between 1 January 2014 and 8 December 2015 he failed to exercise the appropriate level of skill required to deal with the administration of the said estate in that he incorrectly paid the late RW’s share of the income from the Trust to the Secondary Complainer's aunt, whereas said share of the Trust income should have been paid to the late RW’s children; Censure the Respondent; Fine him in the sum of £1,000 to be Forfeit to Her Majesty; 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 written claim for compensation with the Tribunal Office.
Kenneth Paterson
Vice Chair
Compensation Interlocutor:
By Video Conference, 14 September 2021. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Steven Archibald Murray, The MMFW Partnership, 917 Shettleston Road, Glasgow (“the Respondent”) 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, Ms A; 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 and that this publicity should include the name of the Respondent but need not identify any other person.
Kenneth Paterson
Vice Chair