Norman Alexander Fyfe Banski

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

The Scottish Solicitors' Discipline Tribunal found the Respondent guilty of professional misconduct arising from breaches of the 2001 Accounts Rules (client account deficits, failure to keep written-up books and show the firm's true financial position between April and July 2011) and grossly excessive overcharging across six executry/client matters with failure to render fee notes. In the NL executry, £147,977.58 was taken in 34 fees (28 unrendered) where only £26,928.96 was due, with the client compensated ~£116,000 from the Guarantee Fund. Other overcharges occurred in the DM, JM, GP, ED and SX matters. The Tribunal made an express finding of dishonesty (applying Ivey v Genting Casinos), holding the overcharging was repeated and gross and that the Respondent must have known he was not entitled to the fees. Given the seriousness, course of conduct, lack of remorse or insight, and risk to the public, the Tribunal struck the Respondent off the Roll, awarded expenses against him, and ordered publicity naming him.

Duties found breached:

• Costs and fee transparency to client
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Repeated and gross overcharging across six separate matters
• Course of conduct over a significant period (2005-2010)
• Conduct involved numerous clients
• One affected client (DM) had a learning disability and the Respondent held his power of attorney
• Respondent had held positions of responsibility within the Law Society
• No remorse or insight demonstrated
• Conduct likely to damage the reputation of the profession
• Significant risk to the public if allowed to continue practising