Law Society-v-Steven Lilly

Edinburgh 13 January 2020.  The Tribunal having considered the Complaint dated 17 December 2019 at the instance of the Council of the Law Society of Scotland against Steven Lilly, formerly of 27 Garrallan Square, Kilwinning and presently of 128 Kilmeny Crescent, Wishaw; Find the Respondent guilty of professional misconduct in respect that (a) in relation to his acting for Mr A he breached the common law obligation of honesty and in doing so brought the profession into disrepute, acted dishonestly in breach of Practice Rule B1.2 of the Law Society of Scotland Practice Rules 2011 and misled his professional colleague in breach of Practice Rule B1.14.1 of the Law Society of Scotland Practice Rules 2011 and (b) in relation to his actings for Mr B he acted in a manner which is likely to bring the profession into disrepute, acted in breach of Practice Rule B1.2 of the Law Society of Scotland Practice Rules 2011, and in breach of Practice Rule B6.12.1(c) of the Law Society of Scotland Practice Rules 2011; 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; Allow Mr A and Mr B 28 days from the date of intimation of these findings to lodge a written claim for compensation with the Tribunal Office.

Beverley Atkinson

  Vice Chair

Compensation Interlocutor:

By Video Conference, 17 August 2020.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Steven Lilly, 128 Kilmeny Crescent, Wishaw and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer, Mr B, has been directly affected by the Respondent's misconduct and consider 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 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.

Colin Bell

Vice Chair