Scots lawyer fined £7,500 for failing to act in client’s best interests 

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500.

Quinton Muir, 51, was found guilty of “professional misconduct” by the Scottish Solicitors’ Discipline Tribunal (SSDT) over his failure to act in his client’s best interests by failing to take steps to progress the case, having accepted instructions to pursue the employment action despite having no experience in employment law.

The tribunal heard that the respondent had been a solicitor for 27 years and a partner in the firm of D & J Dunlop in Ayr for 23 years, practising almost exclusively in criminal and civil litigation.

In March 2002 he accepted instructions from a client in relation to a redundancy matter, having been asked to do so by another local solicitor who was the client’s best friend.

The client was seeking to negotiate a compromise agreement, but in May 2002 the client decided that he did not wish to enter into an agreement but would instead accept the employer’s redundancy payment with a view to pursuing the employer for a claim for damages.

The following month the client contacted the respondent and instructed him to raise an action for damages for wrongful dismissal in an employment tribunal or in the sheriff court.

In March 2003 it was established that the client was eligible for legal aid, but the respondent did not apply and did no work on the file. 

In May 2005 an initial writ was lodged and the action was sisted so that the respondent could apply for legal aid.

However, no application was made and despite repeated attempts over several years by the client to contact the respondent for an update on the case, the solicitor failed to reply.

In 2016, after 12 years of inactivity, the client complained - by which time his former employer had been dissolved, rendering the court action pointless.

The respondent admitted that, having accepted instructions in an employment case even though he had no experience in that field, he got into a “pickle” and ought to have advised the client to seek advice from elsewhere.

He told the tribunal that there was no financial gain to him and that his firm had taken steps to ensure that such a situation does not arise again.

He said he was “embarrassed” by his misconduct and apologised for what had happened, but added that there was nothing which had occurred in his professional or private life which accounted for his lack of action.

The tribunal found that the respondent had breached the Law Society of Scotland practice rules and solicitors’ conduct rules, and considered that his conduct amounted to professional misconduct.

In a written decision, SSDT acting Vice Chair Beverley Atkinson said: “The respondent failed to act expeditiously or effectively and allowed his integrity to be called into question. 

“He failed to communicate effectively with his client or his solicitor for the opponent. He failed to advise his client of significant developments in the case. He failed to act in his client’s best interests. 

“The tribunal considered all the circumstances and found that the respondent’s conduct was sufficiently serious and reprehensible to amount to professional misconduct.

“It did not consider that the respondent had displayed full insight into the consequences for the client or the likely damage to the reputation of the profession.

“The length of the course of conduct was a significant aggravating factor as was the fact that the client’s claim could no longer be pursued. No real explanation was provided as to why this offence occurred.

“It considered that a significant fine was appropriate to mark the seriousness of the offending and the tribunal’s disapproval of the respondent’s conduct.”