Alan John Baillie (1)

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

Alan John Baillie, a solicitor formerly of Baillies Law Limited, Dundee, was found guilty of professional misconduct on 6 March 2024 for failing to communicate effectively with a client, acting in a conflict of interest, failing to advise her to seek separate legal advice, and inappropriately using £1,380 of her client account funds to pay another client's bills without consent. The conduct related to a conveyancing transaction at Lunga Mill, Argyll spanning 2009-2016. The Tribunal ordered that his name be struck off the Roll of Solicitors, having particular regard to an analogous previous 2014 finding. He was found liable for the expenses of the Complainers and Tribunal (taxed). The revised Complaint contained no allegations of dishonesty or lack of integrity. At a subsequent compensation hearing on 26 June 2024, the Tribunal ordered the Respondent to pay the Secondary Complainer £4,000 for inconvenience and distress (categorised as 'serious'), with 8% interest, making no award for financial loss as the £1,380 had been repaid. No expenses were found due to or by either party at the compensation hearing.

Duties found breached:

• Disclose adverse law to the court
• No conflict between current clients
• No improper communication with the court
• No improper use of client money

Aggravating factors:

• Analogous previous finding of professional misconduct in 2014 (censured and fined £10,000) for similar failures
• Lack of insight - maintained at the Oban Sheriff Court proof that he did not act for the Secondary Complainer despite contrary evidence
• Ongoing course of conduct persisting over a long period
• Conduct likely to seriously damage the reputation of the legal profession
• Sending a letter to the Laird in 2016 misrepresenting the client's position

Mitigating factors:

• Admitted professional misconduct via Joint Minute
• Expressed remorse through representative
• Cooperated with the Fiscal and Tribunal
• Significant health challenges
• Had given up practising law
• Funds repaid with interest (albeit very late)
• Invited the Tribunal to strike his name off the roll