David Grant Rattray

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Respondent, a Falkirk solicitor, was found guilty of professional misconduct for a dishonest course of conduct over a significant period across numerous executry estates. He charged for work not done, took grossly excessive fees (overcharges ranging from ~40% to over 380%), and repeatedly took fees without rendering fee notes or obtaining client authority. The Tribunal expressly found the conduct dishonest. The Guarantee Fund made multiple payments to affected estates. He was struck off the Roll of Solicitors and found liable for expenses. Mitigation included an early guilty plea, cooperation, no prior findings, good references, ill health, and pressure from his partner, but the seriousness warranted strike-off.

Duties found breached:

• Fair, reasonable and lawful fees
• No improper use of client money
• Honour professional undertakings

Aggravating factors:

• Dishonest course of conduct sustained over a significant period
• Significant number of transactions across multiple estates
• Overcharges of very high magnitude (up to 380%)
• Failure to re-credit overcharged fees to client ledgers
• Charged fees in the Miss G case without a client and without taking steps to appoint an executor
• Likely to be a danger to the public if continuing to practise

Mitigating factors:

• No previous findings of professional misconduct
• Cooperated with the Fiscal and pleaded guilty at an early stage
• Admitted all averments of fact, duty and misconduct by Joint Minute
• Numerous positive character references including from current employer
• Loss of business, wealth and reputation
• Currently unwell
• Made some refunds in certain cases (e.g. Mr F, Miss H)
• Significant prior community and professional service
• Asserted he was not the prime mover and was under pressure from his partner