Alistair Morgan Bowie

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

Alistair Morgan Bowie, a solicitor who retired in 2017, was found guilty of professional misconduct arising from a conveyancing transaction in which his client (the Secondary Complainer, an elderly woman) was the victim of a fraud perpetrated by Edwin McLaren (alias David Johnston). Bowie opened a file and took numerous steps (requesting title deeds, redemption figures, sending certificates, drafting documents) without the client's instructions, failed to advise her about the missives and her loss of any right to remain in the property, and crucially acted dishonestly as a Notary Public by falsely notarising a Statutory Declaration of Solvency that purported to have been sworn before him when it had not. The Tribunal made an express finding of dishonesty in relation to the notarial act. Despite strong mitigation including an unblemished 42-year record, cooperation, and that Bowie was himself duped, the Tribunal held the misconduct so serious that the only appropriate sanction was striking off. He was found liable for the Complainers' and Tribunal's expenses (to be taxed), and the Secondary Complainer was given 28 days to lodge a compensation claim.

Duties found breached:

• No improper communication with the court
• Honesty
• Act in the client's best interests
• Act only on proper, lawful instructions
• Not misrepresent regulated status

Aggravating factors:

• Dishonest conduct as a Notary Public, falsely narrating that the client swore the declaration before him in Bishopbriggs
• Misconduct grew more serious as the course of conduct progressed
• Conduct went to the root of the trust placed in solicitors
• Failure to engage with numerous warning signs in the transaction

Mitigating factors:

• Clean/unblemished record over 42 years in practice
• Cooperation and candour with the Fiscal and Tribunal throughout proceedings
• Expressed remorse and showed some insight
• Misconduct limited to one case and one client
• No financial gain beyond ordinary fee
• Respondent himself was duped by convicted fraudster Edwin McLaren
• Indemnity insurance fully compensated the Secondary Complainer for her losses
• Respondent had retired and did not intend to reapply for a practising certificate