Kevin John Boyd (1)

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

Solicitor Kevin John Boyd admitted professional misconduct for unconscionable delay of over four and a half years in dealing with an intestate executry and repeatedly failing to communicate with clients and the opposing agent, in breach of Rules B1.4 and B1.9.1 of the Law Society of Scotland Practice Rules 2011. The Tribunal expressly noted there was no dishonesty or lack of integrity. It censured him, fined him £2,000, and found him liable in expenses (to be taxed), with publicity given including his name but not identifying others. A separate compensation hearing for the Secondary Complainers was contemplated.

Duties found breached:

• No improper communication with the court
• Act in the client's best interests

Aggravating factors:

• Delay in dealing with an executry for over four and a half years, still not completed at time of complaint
• Repeated failure to respond to clients and to the other agent
• Previous finding of professional misconduct in 2005 (failure to reply to the Law Society) with analogous elements
• Decree passed against the executors and expenses awarded against the Secondary Complainers
• Profession brought into disrepute; poor service to clients

Mitigating factors:

• No dishonesty or lack of integrity
• Respondent's ill health (cancer treatment) and family difficulties
• Firm short-staffed and stretched during post-Covid conveyancing boom
• Steps taken by the firm to prevent repetition, support and supervise the Respondent
• Respondent in his fortieth year of practice
• Single case involved
• Apology and admission of misconduct; steps taken to wind up estate and reimburse losses