SSDT Decision: Lochrie

SCOTTISH SOLICITORS’ DISCIPLINE TRIBUNAL

JOURNAL REPORT 

Law Society-v-Stephen Richard Lochrie

A Complaint was raised by the Council of the Law Society of Scotland against Stephen Richard Lochrie, Solicitor, Dunfermline which averred that the Respondent may have been guilty of professional misconduct. At the substantive hearing, the Complaint was amended and the only averment of professional misconduct remaining before the Tribunal was an alleged breach of Rule B1.14.1 of the Practice Rules 2011.  The Tribunal found the Respondent not guilty of professional misconduct, made an award of expenses in favour of the Respondent and certified the cause as appropriate for Junior Counsel.

The facts agreed between the parties were that, in the course of a transaction, the Respondent provided information to the solicitor on the other side of the transaction which was subsequently found to be incorrect but which the Respondent at the time honestly believed to be true. There was no suggestion that the statement was made recklessly. All that was before the Tribunal was that the Respondent had made an honest mistake.

The Tribunal was not satisfied that a breach of Rule B1.14.1 had been established. There being no breach of the rule, the Tribunal found the Respondent not guilty of professional misconduct and declined to make a referral under Section 53ZA of the Solicitors (Scotland) Act 1980.