Alistair Morgan Bowie

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

Alistair Morgan Bowie, a retired solicitor, was found guilty of professional misconduct arising from a conveyancing transaction that was part of a fraud perpetrated by Edwin McLaren (alias David Johnston) against an elderly client (Ms A). Without the client's instructions, Bowie requested and retained title deeds, sought redemption figures, sent Land and Charge Certificates and drafted documents. He failed to act in her best interests or advise her about the missives, her lack of any right to remain in the property, and multiple warning signs. Crucially, acting as a Notary Public, he falsely narrated that the client swore a Statutory Declaration of Solvency before him at Bishopbriggs on 5 June 2014 when she had not, and he had not confirmed her identity or administered the oath. The Tribunal made an express finding of dishonesty regarding his notarial conduct. Despite significant mitigation (clean record, cooperation, remorse, being himself duped), the Tribunal held the misconduct so serious that the only appropriate sanction was to strike his name off the Roll. The Respondent was found liable for the expenses of the Complainers and Tribunal, taxed on a time and line basis.

Duties found breached:

• Disclose adverse law to the court
• No improper communication with the court
• Uphold public trust in the profession
• Act in the client's best interests
• Act only on proper, lawful instructions

Aggravating factors:

• Course of conduct that grew more serious as it progressed
• Dishonesty in his capacity as Notary Public - falsely narrating that the declaration was sworn before him
• Failed to identify the client and completed an affidavit without confirming the deponent's identity
• Ignored multiple warning signs (undervalue sale, purchaser changing solicitors three times, instructions via an intermediary) that could have exposed the fraud

Mitigating factors:

• Unblemished record over 42 years in practice
• Cooperation and candour with the Fiscal and Tribunal throughout
• Expression of remorse and some insight
• Misconduct limited to one case and one client
• Respondent himself was duped by convicted fraudster Edwin McLaren
• No financial gain beyond the ordinary fee
• Client fully compensated by Respondent's indemnity insurance
• Retired in 2017 and does not intend to reapply for a practising certificate