Ten solicitors struck off in Scotland last year

Of the 30 cases in 2017, there were 21 findings of professional misconduct.

In 20 per cent of cases, solicitors were censured, in 24 per cent censured and fined and in 16 per cent of cases solicitors also had their practising certificates restricted. In four cases compensation was awarded while two appeals to the Court of Session were refused.

The central grounds of misconduct included a failure to comply with the rules on accounts; the practice rules; dishonesty as well as failure to reply to clients and/or the Law Society of Scotland.

SSDT chairman, Nicholas Whyte, said the profession is facing “fundamental change to the way in which solicitors are regulated and disciplined” and mentioned the SSDT’s participation in the Independent Review of the Regulation of Legal Services.

He added: “Professional regulation has also been affected by Anderson Strathern LLP and Another v Scottish Legal Complaints Commission CSIH 71 and Law Society of Scotland v Scottish Legal Complaints Commission CSIH 36.

“The challenges arising from those judgements relating to ‘hybrid complaints’ have been felt most keenly by the bodies involved but the Tribunal has also recognised their impact in the cases coming before it.”

Mr Whyte also commented on two cases that did make it to the Court of Session.

“This year, two of the Tribunal’s decisions were challenged at the Court of Session. Both were rejected by the Court. In the petition of Alistair Hood for a Review of a Decision of the SSDT CSIH 21 the Court provided useful guidance for the profession and the Tribunal on inadequate professional services, unsatisfactory professional conduct and professional misconduct. In Cameron Fyfe v Law Society of Scotland CSIH 6 the Court made clear the proper approach to dishonesty and lack of integrity,” he said.

Read the report here