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Professional regulation [2022] ScotCS CSIH_54

THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND JAMES ANTHONY McCUSKER

THE SCOTTISH LEGAL COMPLAINTS COMMISSION AGAINST DONALD RODERICK MURRAY AND JAMES ANTHONY McCUSKER [2022] ScotCS CSIH_54 (09 December 2022)

The Inner House held that a section 17 notice under the 2007 Act overrides ordinary confidentiality, but not legal professional privilege, when requiring production to the Scottish Legal Complaints Commission.

  • Legal professional privilege
  • Duty of confidentiality
  • Statutory powers of investigation
  • Legal-professional-privilege
  • Duty-of-confidentiality
  • Professional-regulation
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Professional regulation [2019] ScotCS CSIH_58

MACGREGOR, APPEAL BY CALUM MACGREGOR AGAINST A DECISION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION

MACGREGOR, APPEAL BY CALUM MACGREGOR AGAINST A DECISION OF THE SCOTTISH LEGAL COMPLAINTS COMMISSION [2019] ScotCS CSIH_58 (03 December 2019)

The court upheld time-bar acceptance for a delay complaint against a solicitor, but quashed acceptance of a fee-deduction complaint as not exceptional.

  • Time-bar of complaints
  • Exceptional circumstances
  • Delay in legal services
  • Fee deduction transparency
  • Professional-regulation
  • Legal-complaints
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Family law [2019] ScotCS CSOH_21

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_21 (07 March 2019)

The Court of Session granted interdict preventing Turcan Connell from acting for Sir David Murray in divorce proceedings because of confidential information and inadequate safeguards.

  • Conflict of interest
  • Confidential information
  • Solicitor's duties
  • Divorce proceedings
  • Interdict
  • Conflict-of-interest
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Family law [2019] ScotCS CSOH_22

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_22 (07 March 2019)

The court refused agent/client expenses as the respondent’s conduct was not unreasonable, but allowed certification of a skilled witness.

  • Conflict of interest
  • Confidentiality of client information
  • Award of expenses
  • Certification of skilled witness
  • Award-of-expenses
  • Conflict-of-interest
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Property law [2018] ScotCS CSOH_79

BARR AGAINST JAMES CASSELS

BARR AGAINST JAMES CASSELS [2018] ScotCS CSOH_79 (25 July 2018)

A Court of Session proof on a challenged house disposition failed. The court accepted the pursuer signed the deed and held no breach of fiduciary duty, negligence, or misrepresentation was proved.

  • Fiduciary duty of solicitors
  • Conflict of interest
  • Validity of dispositions
  • Independent legal advice
  • Benefit fraud
  • Witness credibility
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Professional discipline [2017] ScotCS CSIH_6

Fyfe v The Council of The Law Society Of Scotland & Anor

Fyfe v The Council of The Law Society Of Scotland & Anor [2017] ScotCS CSIH_6 (31 January 2017)

The Inner House upheld striking off a solicitor for acquiescing in a deceptive client-funds scheme and signing an inaccurate accounts certificate, despite no finding of dishonesty.

  • Solicitor misconduct
  • Client account rules
  • Sanctions
  • Integrity
  • Dishonesty
  • Solicitor-discipline
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Professional discipline [2013] ScotCS CSIH_104

Cathcart v The Law Society of Scotland

Cathcart v The Law Society of Scotland [2013] ScotCS CSIH_104 (03 December 2013)

The Court of Session upheld a 3-year suspension of a solicitor, but allowed a 3-month grace period so he could organise his affairs before it took effect.

  • Solicitor misconduct
  • Disciplinary procedure
  • Penalty assessment
  • Period of grace
  • Solicitor-discipline
  • Professional-misconduct
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Professional discipline [2011] ScotCS CSIH_24

Sandeman v The Council of the Law Society of Scotland

Sandeman v The Council of the Law Society of Scotland [2011] ScotCS CSIH_24 (18 March 2011)

The Court of Session held that a solicitor acted under a conflict of interest and that the conduct was serious enough to amount to professional misconduct.

  • Conflict of interest
  • Professional misconduct
  • Solicitor-client relationship
  • Professional-misconduct
  • Conflict-of-interest
  • Solicitor-client-relationship
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Professional discipline [2005] ScotCS CSIH_77

Law Society Of Scotland v. Shepherd

Law Society Of Scotland v. Shepherd [2005] ScotCS CSIH_77 (17 November 2005)

The Court of Session refused review of a discipline tribunal decision, holding that inaccurate lender reports did not amount to professional misconduct on these facts.

  • Professional misconduct
  • Solicitor's duties
  • Conveyancing
  • Misrepresentation
  • Standard of review
  • Professional-misconduct
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Professional discipline [1999] ScotCS 77

Thomson & Anor v Council Of Law Society Of Scotland

Thomson & Anor v Council Of Law Society Of Scotland [1999] ScotCS 77 (12 March 1999)

The Court of Session upheld appeals by two solicitors, quashing their striking-off orders and remitting the case to a new tribunal.

  • Solicitors' misconduct
  • Disciplinary procedure
  • Striking off
  • Assessment of culpability
  • Solicitors-discipline
  • Professional-misconduct
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.