Alexander Gilmour Malcolm

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

Solicitor Alexander Gilmour Malcolm was found guilty of professional misconduct for failing over 12.5 years to competently prosecute a reparation claim for clients Mr & Mrs A, failing to submit a proper Legal Aid application or advise of its refusal, failing to keep clients informed, and allowing inordinate delay (including 31 months of complete inactivity), contrary to Articles 5 and 7 of the 1989 Code of Conduct. A separate allegation that he dishonestly intercepted a client's complaint letter was found not proven beyond reasonable doubt (by a 3-2 majority), so no dishonesty was found. Given two prior misconduct findings and his wilful and reckless disregard for clients, the Tribunal struck his name from the Roll of Solicitors and made a finding of no expenses due to or by either party.

Duties found breached:

• Advise on alternatives, settlement and outcome
• Avoid wasting the court's time
• Keep client informed and respond promptly
• No baseless or threatened misconduct report
• No improper communication with the court
• No taking unfair advantage

Aggravating factors:

• Two previous findings of misconduct against the Respondent
• Persistent course of conduct over a number of years of not dealing with clients' business properly
• Excessive delay of 12.5 years with a 31-month period of total inactivity
• Wilful and reckless disregard for clients
• Potential serious consequences for clients (loss of Legal Aid protection and exposure to expenses)

Mitigating factors:

• Respondent was sequestrated until August 2007 and financially restricted until 2012
• Modest income from casual work as a taxi driver
• Some delay attributable to awaiting responses from insurance company