Gerard Tierney

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

Gerard Tierney, an experienced solicitor, was found guilty of professional misconduct for submitting false and overstated criminal legal aid accounts (24 accounts with fictitious outcomes, plus improper claims for transferred cases and fabricated deferred sentence diets) and civil advice and assistance accounts (21 files) not supported by file contents, as well as failing to obtain or properly complete client mandates. The Tribunal expressly found a clear element of dishonesty at the core of the conduct, deeming it at the highest end of the scale of misconduct. The Respondent was struck off the Roll of Solicitors in Scotland and found liable for expenses (to be taxed), with publicity ordered.

Duties found breached:

• Disclose adverse law to the court
• Proper basis for allegations
• Honesty
• Proper termination and return of instructions
• No conflict between current clients

Aggravating factors:

• Course of conduct over a number of years
• Conduct was deliberate and designed to result in financial gain
• Misconduct occurred in both criminal and civil legal aid
• Conduct occurred while practising on own account and later as an employee at two different firms
• Little sign of remorse or insight; submissions appeared designed to deflect responsibility onto another
• Previous Tribunal finding against the Respondent from 2014 regarding SLAB outlays
• Respondent had been deregistered from criminal legal aid and excluded from all legal aid under s31

Mitigating factors:

• No actual loss to the Legal Aid fund as sums were recouped/offset
• Admitted and accepted his conduct amounted to misconduct via Joint Minute
• Respondent's poor health and his wife's ill health (depression)
• Difficult personal and financial circumstances including sequestration and called-up mortgage