Alistair George Kay

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

Alistair George Kay, an Aberdeen sole practitioner, was found guilty of professional misconduct on conjoined complaints heard in his absence on affidavit evidence. The misconduct included repeated failures to respond to the Law Society, insurers and another firm; failure to pay his self-insured excess despite a decree; failure to keep accounting records for about three years in breach of the Accounts Rules; and false declarations in five accounts certificates. The Tribunal expressly found the Respondent had been dishonest through the deliberate false declarations. Given the seriousness, aggravating factors and his non-participation, the Tribunal ordered his name struck off the Roll, made Section 53C orders in respect of unimplemented Law Society directions, and found him liable for expenses, with publicity to include his name.

Duties found breached:

• No improper communication with the court
• Act only on proper, lawful instructions
• Keep client informed and respond promptly
• No conflict between current clients
• Handle inadvertently received material
• Prompt accounting and return of money
• Self-report to the regulator

Aggravating factors:

• Dishonesty in making false declarations in five separate accounts certificates over two years to cover misconduct
• Complete lack of care or concern for own clients, especially in the executry of Ms A
• Ongoing course of conduct over four years
• Conduct presented a danger to the public
• Lack of remorse and insight
• Failure to take any part in Tribunal proceedings

Mitigating factors:

• No claim was made on the Guarantee Fund
• Deficits on client account were essentially an accounting exercise due to fees not properly rendered; a surplus existed once fee notes accounted for