Former sheriff struck off solicitors’ roll for ‘professional misconduct’

Hugh Neilson accepted that he was guilty of “professional misconduct” after a number of complaints from clients.

The Scottish Solicitors’ Discipline Tribunal (SSDT) ruled that the respondent was “no longer fit to be a solicitor” and that he should be struck off to “protect the public interest”.

Neilson was a sheriff at Hamilton Sheriff Court but resigned in 2005 after being caught in a sauna during a police raid.

He was suspended pending a judicial investigation but resigned before the inquiry was completed. 

Following that scandal, Neilson, of Airdrie, resumed his career as a solicitor, but complaints from clients prompted disciplinary proceedings against him.

The tribunal heard that the 66-year-old lawyer had been instructed to raise a court action in connection with an insurance claim over a fire at a client’s home, but he failed to raise proceedings.

The respondent was also instructed to act on behalf of a client who was involved in litigation with a former employer, but he failed to lodge productions and supporting evidence. 

Although the client was ultimately successful, the respondent’s failure to properly advance the case meant that resolution of the matter was unduly delayed, unnecessary expense was incurred and expenses were awarded against the client, which impacted upon the sums he eventually recovered.

In another case the respondent acted on behalf of a former police officer in relation to a claim to the Criminal Injuries Compensation Authority, when he knew that another firm of solicitors had already been instructed, without notifying the other firm or without explaining to his client that he could not act on that basis. 

Other clients also complained about the level of service provided by the respondent.

Complaints upheld by the tribunal included failing to act in the best interests of a client, failing to act in accordance with the basic common principles of honesty and integrity, failing to communicate effectively and acting contrary to the explicit instructions of a client.

The tribunal also found that the respondent had ignored letters and phone calls from a colleague and failed to respond to correspondence from the Law Society of Scotland, which was investigating complaints about him.

The tribunal was told that Neilson accepted his conduct amounted to professional misconduct and that it was “inevitable” that he would be struck off.

His lawyer said he has suffered from clinical depression for nearly 30 years, a neurological condition that left him with tremors, and was prone to migraines which cause memory loss, but these were “not an excuse for a miserable catalogue in his career”.

He allowed himself to become “overwhelmed by everything” but what began by the respondent obfuscating then became “deliberate deception”.

The tribunal was also told that the respondent had given “considerable service” to the Law Society, the profession, but concluded that his conduct amounted to professional misconduct.

In a written decision, SSDT Vice Chairman Eric Lumsden said: “The tribunal had before it a catalogue of serious and reprehensible behaviour.

“It was of great regret to the tribunal that such a career would end in this fashion. However, the tribunal required to consider the protection of the public and the reputation of the profession.

“The respondent had acted dishonestly and without integrity.

“The tribunal concluded that the respondent was no longer fit to be a solicitor and that the appropriate order to meet the public interest was to strike his name from the roll of solicitors in Scotland.”