Law Society-v-Thomas Hugh Murray
Interlocutor
Edinburgh 1 March 2005. The Tribunal having considered the Complaint dated 14 December 2004 at the instance of the Council of the Law Society of Scotland against Thomas Hugh Murray, Solicitor, 100 Pendeen Road, Glasgow; Find the Respondent guilty of professional misconduct in respect of his deceiving his client by transferring a sum of money received from his client immediately to the firm account without having carried out the work as agreed between him and his client and without issuing his client with a fee note and without, at that time, making payment of, or making any provision for monies due in respect of the VAT element on the purported fee, all contrary to Article 7 of the Code of Conduct for Solicitors holding Practising Certificates issued by the Law Society in 1989 and contrary to Rule 6 of the Solicitor (Scotland) Accounts Rules 1997; Censure the Respondent and Direct in terms of Section 53(5) of the Solicitors (Scotland) Act 1980 that any Practising Certificate held or to be 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 Committee of the Council of the Law Society of Scotland and that for an aggregate period of three years; Find the Respondent liable in the expenses of the Complainers and in the expenses of the Tribunal as the same may be taxed by the auditor of the Court of Session on a solicitor and client indemnity basis in terms of Chapter Three of the Law Society’s Table of Fees for general business; and Direct that publicity shall be given to this decision and that this publicity shall include the name of the Respondent.
Kenneth Robb
Vice Chairman