SSDT Decision: Laura Campbell and Joanna Millar

SCOTTISH SOLICITORS’ DISCIPLINE TRIBUNAL

JLSS REPORT

LAW SOCIETY OF SCOTLAND-v-JOANNA MILLAR & LAURA CAMPBELL

Separate Complaints were lodged against Joanna Wendy Elizabeth Millar, Solicitor, Glasgow and Laura Ray Campbell, Solicitor, Prestwick which averred that the Respondents may have been guilty of professional misconduct. The Complaints were later conjoined.

The averments of professional misconduct within the conjoined Complaints were that a) both  Respondents accepted instructions to act in a conflict of interest contrary to Rule B1.7.1 of the Practice Rules 2011; b) both Respondents accepted instructions to act in a potential conflict of interest contrary to Rule B1.7.2 of the 2011 Rules; and c) both Respondents failed to communicate effectively with their client, the Secondary Complainer. The Tribunal concluded that, in the very particular circumstances of this case, no actual or potential conflict was established. It found the Respondents not guilty in relation to the alleged breaches of Rules B1.7.1 and B1.7.2. The Tribunal was satisfied that both Respondents had failed to communicate effectively with the Secondary Complainer but concluded that this conduct, in the circumstances, did not meet the test for professional misconduct.

The Respondents were instructed to act on behalf of the Secondary Complainer in the transfer of title to a property purchased by him at a Sale by Roup. Both Respondents had previously been involved in the purchase of the property by the company then selling it at Roup. The selling company was an existing client of the firm for which the Respondents worked at the time of accepting instructions for the Secondary Complainer. The Tribunal was satisfied that this was information that any client would want to know in exercising a decision on whether or not to instruct the Respondents. Neither of the Respondents disclosed this information to the Secondary Complainer, or attempted to obtain consent from the sellers to release that information. The Tribunal remitted both Complaints to the Council of the Law Society under section 53ZA of the Solicitors (Scotland) Act 1980 only in relation to the failures to communicate effectively with the Secondary Complainer.