Law Society-v-Theresa Mary McWilliams

By Video Conference, 23 October 2020.  The Tribunal having considered the Complaint dated 29 July 2020 at the instance of the Council of the Law Society of Scotland against Theresa Mary McWilliams, Trainor Alston Limited, 18 Academy Street, Coatbridge, North Lanarkshire; Find the Respondent guilty of professional misconduct in respect that she (a) failed or unduly delayed, for a period of 10 months, to implement a mandate and (b) failed to communicate effectively with Brodies Solicitors;  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; and 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.

Beverley Atkinson

  Vice Chair

Compensation Interlocutor of 17 May 2021:

By Video Conference, 17 May 2021.  The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Theresa Mary McWilliams, Trainor Alston Limited, 18 Academy Street, Coatbridge, North Lanarkshire  and having previously determined that the Respondent was guilty of professional misconduct; Find that the Secondary Complainer 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 £650, representing £500 in respect of loss and £150 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; and Allow both parties seven days from the date of this Interlocutor to lodge written submissions in relation to expenses and publicity.

 Ben Kemp

Vice Chair

Compensation Interlocutor of 27 May 2021:

By Video Conference, 27 May 2021.The Tribunal having considered the parties’ written submissions in the Complaint at the instance of the Council of the Law Society of Scotland against Theresa Mary McWilliams, Trainor Alston Limited, 18 Academy Street, Coatbridge, North Lanarkshire; Find the Respondent liable in the expenses of the Secondary Complainer to the extent of £350; 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.

Ben Kemp

Vice Chair