SSDT Decision: Douglas Burnett

SCOTTISH SOLICITORS’ DISCPLINE TRIBUNAL

JLSS REPORT

LAW SOCIETY OF SCOTLAND-v-DOUGLAS BURNETT

A Complaint  was lodged by the Council of the Law Society of Scotland against Douglas Burnett, Solicitor, Aberdeen. The Tribunal found the Respondent guilty of professional misconduct in respect of his breaches of Articles 2 and 5 of the Code of Conduct for Scottish Solicitors 2002, Rules 3, 9, 10 and 11 of the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008 and Rules B1.4, B1.9 and B1.10 of the Law Society of Scotland Practice Rules 2011. The Tribunal censured the Respondent, directed him to pay a fine of £6,000 and made an award of expenses against him.

The Respondent was the sole executor in the estates of both Mrs H (who died in July 2006) and Mr H (who died in October 2009). He accepted instructions to administer the estates without having the competence and appropriate skills to complete these matters within a reasonable timescale. By accepting the instructions, the Respondent did not act in the interests of his clients. He also failed to act in the interests of his clients or act with competence and appropriate skill by delaying/failing to distribute funds to three beneficiaries within a reasonable timescale. By failing to provide regular updates on the progress of both estates to principal beneficiaries (despite requests for information), failing to provide necessary and requested information on HMRC regarding Inheritance Tax and failing to notify NSI of Mrs H’s death, the Respondent failed to communicate effectively.

The Respondent admitted the facts in the Complaint. He also admitted that he had breached his professional duties as detailed therein. The Tribunal had to consider whether the admitted conduct amounted to professional misconduct. In all the circumstances the Respondent’s conduct fell below the standard expected of a competent and reputable solicitor. There were prolonged, repeated and numerous examples of conduct which were serious and reprehensible and which impacted the estates, beneficiaries and damaged the reputation of the legal profession in Scotland. The Tribunal had no hesitation in finding the Respondent guilty of professional misconduct singly and in cumulo.