Paul Anthony Garrett

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

The Respondent appeared before Sheriffs at Paisley and Hamilton between 29 November and 21 December 2016, holding himself out as a solicitor when he knew he had no practising certificate and was unqualified, including conducting a summary trial. He was convicted on indictment of an offence under s.23(1) of the Solicitors (Scotland) Act 1980 and fined £1,000. He also failed to respond to or cooperate with the Law Society's conduct complaint investigation. He did not engage with the Tribunal and the hearing proceeded in his absence. The Tribunal found his conduct dishonest, a gross breach of trust that misled clients and the court, and constituting professional misconduct. It ordered that his name be struck off the Roll of Solicitors and found him liable for the expenses of the Complainers and the Tribunal.

Duties found breached:

• Hold a current practising certificate
• Honesty
• No improper communication with the court
• Not mislead the court
• Not misrepresent regulated status

Aggravating factors:

• Conduct involved dishonesty and criminal behaviour
• Now had an indictment conviction relating to his professional practice
• No remorse or insight into the offence
• Failed to engage with his regulator or the Tribunal
• Gross breach of trust involving misrepresentation to clients and the court on two occasions
• Clients left unprotected by professional indemnity insurance / master policy

Mitigating factors:

• No previous findings of unsatisfactory professional conduct or professional misconduct
• Relatively short period of offending (two months)
• No evidence of loss or damage resulting from his actions
• Criminal disposal relatively low (£1,000 fine)