Simon Kennedy Duncan

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

Simon Kennedy Duncan, a sole practitioner, was found guilty of professional misconduct arising from complaints by 22 secondary complainers plus an accounts rules inspection. The misconduct involved a total dereliction of duty: failing to communicate with clients, other solicitors, the SLCC and the Law Society; failing to implement mandates; delaying claims; obtaining no medical report; raising a court action without instruction; inappropriately withdrawing from acting; and extensive accounts rules breaches (including misleading accounts certificates). The Tribunal expressly noted there was no allegation of dishonesty, but found the accounts rules conduct lacked integrity. He was censured and his practising certificate restricted for an aggregate ten years to acting only as an approved qualified assistant, and found liable in expenses. In separate compensation hearings, £2,000 was awarded to Larry Maguire and £400 to Mandy McCallum, while claims by Jack McLachlan, Wilma Keddie and Peter Prokop were dismissed or refused.

Duties found breached:

• Proper basis for allegations
• No improper communication with the court
• Advise on alternatives, settlement and outcome
• No improper use of client money
• Cooperate openly with regulators
• Not misrepresent regulated status

Aggravating factors:

• Conduct regarding the accounts rules lacked integrity
• Long course of conduct affecting a large number of clients (22 secondary complainers)
• Conduct was likely to endanger the public
• Repeated failures to cooperate with the regulator
• Reckless indifference to accounts requirements; abdicated responsibility for books and records
• Earlier breaches from 2015 inspection remained unremedied by 2018 inspection

Mitigating factors:

• No dishonesty and sufficient funds existed to make good any deficits; no financial loss to clients
• No criticism of the Respondent's legal work
• No previous findings on record after practising since 1992
• Cooperated with the Fiscal and Tribunal and attended in person
• Insight into the circumstances and expressed remorse
• Health issues and adverse business circumstances contributing to the misconduct
• Took steps to tackle matters, sold his house and paid debts/compensation
• Own submission that he never wished to work as a principal again