Gerard John Robert McMahon

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

The Respondent, whose name remained on the Roll of Solicitors but who had not held a practising certificate since 1998, held himself out as a solicitor and notary public in debt recovery/winding up proceedings, signing a statutory demand and presenting a winding up petition to Glasgow Sheriff Court. The Tribunal found him guilty of professional misconduct in cumulo and expressly found his conduct dishonest. Given the risk to the public, damage to the profession's reputation, lack of insight, and a prior misconduct finding, the Tribunal ordered him struck off the Roll of Solicitors, awarded expenses to the Complainers, and directed publicity including his name.

Duties found breached:

• Not mislead the court
• Personal probity and fitness to practise
• No conflict between current clients
• Hold a current practising certificate

Aggravating factors:

• Previous finding of professional misconduct resulting in a five-year suspension
• Had not held a practising certificate since 1998
• Demonstrated no insight into his behaviour
• Conduct could have had serious consequences for the defender company and been dangerous to the public

Mitigating factors:

• Pleaded guilty
• Cooperated with the Fiscal
• Health issues including alcohol problems affecting his thinking at the time
• One-off transaction, not repeated
• Apologised once matter raised
• Difficult personal and family circumstances and limited funds