SSDT Decision: Alastair McBean Blackwood

SCOTTISH SOLICITORS’ DISCPLINE TRIBUNAL

JLSS REPORT

LAW SOCIETY OF SCOTLAND-v-ALASTAIR MCBEAN BLACKWOOD

A Complaint was lodged by the Council of the Law Society of Scotland against Alastair Blackwood, Solicitor. The Tribunal unanimously found the Respondent guilty of professional misconduct singly and in cumulo in respect of his breaches of Rules 1, 3, 4, 6 and 9 of the Solicitors (Scotland) (Standard of Conduct) Practice Rules 2008 and Rules B1.2, B1.3, B1.4, B1.5, B1.7 and B1.9 of the Law Society of Scotland Practice Rules 2011, Rule 24 of the Solicitors (Scotland) Accounts etc Rules 2001 and Rule B6.23 of the Solicitors (Scotland) Accounts etc Rules 2011. The Tribunal ordered that the name of the Respondent be struck off the Roll of Solicitors in Scotland.

On 13 June 2017, Edwin McLaren and Lorraine McLaren were sentenced to periods of imprisonment in respect of an indictment containing 25 charges of common law fraud and money laundering. In the fraudulent scheme, home owners were induced to relinquish their real right to their property for a small proportion of its value. The Respondent was found to have facilitated that fraudulent scheme in that he (i) acted dishonestly by adhibiting his signature as a witness to dispositions which he did neither having witnessed the signatures nor obtained from the granters, in person, confirmation that the signatures were their own; (ii) repeatedly failed to undertake, retain evidence or exhibit evidence of having undertaken customer due diligence measures for the identity of a number of clients in several sale and purchase transactions; (iii) was subject to the external influence of Mr McLaren and, therefore, failed to give advice independently; (iv) failed to act in the best interests of his clients when he did not act on suspicions about transactions and progressed sales to completion; (v) failed to take proper instructions or communicate with his clients by liaising with, taking instructions from and communicating with Mr McLaren and his associates in respect of the progress, completion and accounting for a number of transactions, thus facilitating the overall fraudulent scheme; (vi) acted in a number of circumstances in which there was a conflict of interest between the interests of his clients, himself and his practice unit by generating fees via fraudulent transactions.

The Tribunal did not hesitate to hold that the Respondent had acted dishonestly in circumstances which were individually serious and reprehensible. It was also clear to the Tribunal that the Respondent’s overall conduct formed a pattern of behaviour which was at the most serious end of the scale. The Respondent did not express any remorse or insight and these were aggravating factors. In all the circumstances, the Tribunal decided that the only option was to strike the Respondent from the Roll of Solicitors.