Andrew James Malone

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

Andrew James Malone, a former principal partner of Hewats Solicitors, was found guilty of professional misconduct for repeatedly failing to respond to and cooperate with the SLCC and the Law Society of Scotland over several months in connection with a client complaint about executry work, breaching Rules B1.16 and B1.17 of the 2011 Practice Rules. The Fiscal alleged a breach of Rule B1.2 (integrity) but the Tribunal was not satisfied this was established and there was no allegation of dishonesty. Given his 36-year unblemished record, cooperation in the proceedings, remorse and negligible risk of recurrence, the Tribunal imposed a censure, ordered him liable for expenses (taxable), and directed publicity including his name.

Duties found breached:

• No conflict between current clients

Aggravating factors:

• Failure to cooperate with both the SLCC and the Law Society over a period of several months
• Pattern of acknowledging correspondence and promising responses but repeatedly failing to respond
• Conduct hampered regulatory bodies in performing their statutory duties

Mitigating factors:

• 36 years in practice with no previous disciplinary findings
• Cooperated fully once the Complaint was served
• Entered into an extensive Joint Minute admitting facts
• Expressed remorse, regret, shame and embarrassment
• Difficult personal/business circumstances - winding down sole practice after the pandemic and mental health difficulties
• No longer on the Roll of Solicitors and no intention to practise again, so negligible risk of recurrence