Disciplinary Decisions
Disciplinary Tribunal Decision - Smith 2019/04
The Faculty of Advocates Disciplinary Tribunal has issued its decision on an appeal by Mr Andrew Smith K.C. against the determination of a complaint about his conduct by the Faculty’s Complaints Committee.
The Tribunal refused the appeal and upheld the Complaints Committee’s decision that Mr. Smith’s conduct amounted to professional misconduct on two of the issues of complaint presented. The Tribunal allowed the appeal against the Complaint’s Committee’s decision on a third issue of complaint, and dismissed the complaint in relation to that issue. With regard to sanction, the Tribunal upheld the Complaints Committee’s penalty of a severe written censure for the issues amounting to professional misconduct. The Tribunal’s decision was unanimous.
The Disciplinary Tribunal was chaired by the Rt. Hon. Lord Menzies and comprised one King’s Counsel, one junior counsel, and three lay members appointed by the Scottish Ministers. The Tribunal operates independently of the Faculty.
Disciplinary Tribunal Decision - McConnachie 2021/02
The Faculty of Advocates Discipline Tribunal has now ruled on a complaint made about the actions of Brian McConnachie KC. The Tribunal upheld an appeal against the decision of a Complaints Committee, and held that Mr McConnachie was guilty of professional misconduct. With regard to sanction, the Tribunal has decided that Mr McConnachie will be subject to a severe written censure in respect of each of the heads of complaint upheld by the Tribunal, and required to pay a fine of £8,000.
The Discipline Tribunal operates independently of Faculty, and in this instance was chaired by Lord Drummond-Young, a retired Senator of the College of Justice. He sat along with two Kings Counsel, and three laypersons. The decision on the appeal, and on sanction, was unanimous.
Disciplinary Tribunal Decision - Jackson 2021/06 & 2021/07
