A SOLICITOR has been reprimanded by the Law Society for his handling of an estate, writes David Steele.
The complaints committee has ordered Mr James Sloss to pay maximum compensation of #1000 and that his firm, R and J A McCallum of Ayr, should refund 90% of a bill of over #12,000.
A detailed ruling from the committee states that the conduct of Mr Sloss in the handling of the estate of Mrs Sarah McGuire, who died in 1991, with particular reference to the sale of her newsagents' shop in Dalmellington, Ayrshire, amounted to professional misconduct.
The Law Society had been asked to investigate by her daughter, Mrs Helen Collins.
She told the committee that she had wanted to accept an offer of #107,086 for the shop but that Mr Sloss, who acted for her brother Joseph and sister Kathleen who live abroad, recommended acceptance of a lower offer of around #97,000.
The deal ultimately fell through and the shop was finally sold for #75,000.
Solicitors for Mrs Collins, James B Black, Hay and Company of Ayr, lodged six heads of complaint against Mr Sloss which included inordinate delay in dealing with executory, failure to communicate properly, acting on basis of inadequate powers of attorney, and taking of fees which do not appear to have been vouched to the client.
The Law Society committee stated: ''Each of the six head of complaint taken singly and in cumulo amount to a serious and reprehensible departure from the standard of conduct to be expected of Scottish solicitors and thus amount to professional misconduct, and unanimously the committee agreed that a reprimand should be issued in relation thereto.
''The committee considered that this was one of the worst examples it had seen of a badly handled executory.''
Mrs Collins said: ''I am pleased that the Law Society has given its backing to our complaint, although we are still waiting for the books to be closed on this matter. While the compensation is welcome the most important thing for us is to ensure that no-one suffers in this way from such a shabby performance from a solicitor.''
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