John Fraser Tait

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

The Respondent, a solicitor and partner at Tait Macleod, failed for six months to provide the SLCC with a client file needed to investigate a complaint by the Secondary Complainer regarding administration of an estate, despite requests on 17 May and 10 June 2021, only complying after the SLCC commenced Court of Session recovery proceedings. The Tribunal found this a serious and reprehensible departure from professional standards constituting professional misconduct in breach of Rule B1.9.1. No dishonesty was found. He was censured and fined £1,500, with expenses awarded against him and publicity ordered.

Duties found breached:

• No improper communication with the court

Aggravating factors:

• Previous finding of professional misconduct in 2015 for analogous matters (delay, failing to follow instructions, failing to communicate effectively)
• Delay of six months in providing the file
• SLCC had to commence Court of Session proceedings before the Respondent cooperated
• Conduct likely to damage the reputation of the profession and contrary to public interest

Mitigating factors:

• Favourable references from eminent members of the profession
• Difficulties as a sole practitioner during the pandemic and effect on health
• Cooperated with the Fiscal and Tribunal, attended hearing and entered into Joint Minute
• Paid compensation of £3,500 to Secondary Complainer and reduced fees by 75%
• Paid expenses of the Court of Session action
• Insight into misconduct and reorganised practice; low risk of repetition