Fiona McKinnon (1)

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

Fiona McKinnon, a sole practitioner whose practising certificate was suspended/withdrawn on 12 April 2022, was found guilty of professional misconduct singly and in cumulo arising from complaints by three clients (JW, DD, JB) and the Law Society's financial compliance investigation. Misconduct included failing to respond to correspondence, failing to progress court proceedings and divorce matters, failing to provide vouching, misleading a client about a court warrant, misleading the Client Protection Sub-Committee about client account balances, failing to obtemper two Inner House interlocutors (prompting contempt proceedings), and persistent failure to cooperate with the SLCC and Law Society. The Tribunal proceeded in her absence after she failed to engage. Although the conduct involved 'misleading' a client and the Sub-Committee, the decision did not contain an express finding of dishonesty. The Tribunal ordered that she be struck off the Roll of Solicitors and found her liable for expenses taxed at a unit rate of £18.00.

Duties found breached:

• No conflict between current clients
• Not misrepresent regulated status

Aggravating factors:

• Persistent and prolonged failure to engage with the SLCC and Law Society investigations over several years
• Failure to obtemper two Court of Session/Inner House interlocutors, leading to contempt of court proceedings
• Pattern of conduct affecting three separate clients/complaint originators
• Misleading a client about a warrant having been sought when no writ had been lodged
• Misleading the Client Protection Sub-Committee about client account balances
• Failure to engage with Tribunal proceedings and late, vague adjournment requests

Mitigating factors:

• Reported ill health including long covid and a road traffic accident
• Reported secretary's prolonged absence and IT difficulties