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  4. Solicitor restricted in practice for divorce action failings

Solicitor restricted in practice for divorce action failings

21st September 2016 | professional regulation

A Glasgow solicitor who failed to raise a divorce action as instructed by a client and repeatedly misled her over the progress of the action, has had his practising certificate restricted by the Scottish Solicitors' Discipline Tribunal.

Craig Grimes, formerly a director with Anthony Mahon Ltd, was found guilty by the tribunal of professional misconduct in respect of his unconscionable delay for a period of 28 months and ultimately his failure to raise a divorce action in respect of a client and repeatedly misleading her as to the progress of the action; his failure during a six month period to reply to correspondence from a fellow solicitor in respect of that same client; and his failure during a period of eight months to implement a mandate from the client authorising him to pass her divorce file and all related papers to her new solicitors.

The tribunal censured Mr Grimes, directed that he be restricted for a two year period to acting as a qualified assistant to an employer to be approved by the Law Society of Scotland, and ordered him to pay £1,500 as compensation to his former client.

In its decision it said the initial failure to progress instructions, which continued over three years, was compounded by Mr Grimes misleading his client as to progress and his subsequent failures to deal appropriately with the mandate and then correspond with her new solicitor. It was concerned that he had not been honest with his client over a prolonged period of time while holding a senior position in the firm, and it was necessary for the protection of the public his practising certificate. It noted however that he had cooperated with the Society, offered an apology and offered compensation to his former client.

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