Alan Niall Macpherson Mickel

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

The Respondent, a solicitor and former partner/director of Hamilton Burns WS Ltd, faced a complaint over an executry matter and a Scottish Legal Aid Board (SLAB) matter. On the executry charges (4.1(a) and (b)), which alleged he instructed a misleading letter to a residuary beneficiary and improperly took executor fees with attempted concealment, the Tribunal found him NOT guilty of professional misconduct but remitted these to the Law Society as possible unsatisfactory professional conduct. On the SLAB matter, the Tribunal found him guilty of professional misconduct (charges (c), (d) and (e)): knowing that recovered judicial expenses of £48,400.01 due to SLAB had been improperly taken as fees, he failed to take action to remit them, failed to co-operate and communicate with SLAB, and knowingly retained sums lawfully due to SLAB, thereby failing to act with integrity. The breaches of Rule B1.2 were found only insofar as they related to a lack of integrity (not dishonesty). SLAB ultimately suffered no loss, being reimbursed partly by the firm's administrators and partly from the Client Protection Fund. The Tribunal censured the Respondent, restricted his practising certificate for two years to acting as a supervised qualified assistant, and found him liable for one-half of the expenses.

Duties found breached:

• Act only on proper, lawful instructions
• Integrity
• No conflict between current clients
• Not misrepresent regulated status