Law Society-v-Walter Forbes Ruark

Edinburgh 15 November 2012.  The Tribunal having considered the Complaint dated 20 April 2012 at the instance of the Council of the Law Society of Scotland against Walter Forbes Ruark, Solicitor, 42 Ireland Street, Carnoustie; Find the Respondent guilty of Professional Misconduct in respect of (1) his failure to maintain accurate and adequate records to show his dealings with client monies and to identify the funds of each individual client, and his failure to obtain authority for payment of client funds to the benefit of other clients; (2) his use of clients’ funds for the benefit of other clients without appropriate authority and his falsifying of records to hide these misappropriations; (3) his having a deficit on his client account; (4) his failure to account for the funds to the executry of the late Mr VV; (5) his repeated delay and/or failure to register or record timeously dispositions, standard securities and discharges whereby the lenders remained unsecured for the funds advanced and clients remained uninfeft; (6) his failure to comply with the terms of the Money Laundering Regulations; (7) his use of funds entrusted to him by lenders and his failure to discharge existing securities for properties re-mortgaged resulting in a loss to the lenders and a claim on the indemnity insurance; (8) his rendering fee notes for work which had not been undertaken;  (9) his failure to  obtemper a letter of obligation; (10) his failure to respond to correspondence from fellow solicitors and his knowingly misleading fellow solicitors (11) his repeated and numerous failures to respond to the Complainers; and (12) his breach of Rules 4, 6, 8 and 24 of the Solicitors (Scotland) Accounts etc Rules 2001; Order that the name of the Respondent be Struck Off the Roll of Solicitors in 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; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.

Alistair Cockburn

  Chairman