Cameron Hunter Mackenzie

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

The Respondent, a solicitor and Client Relations Partner at Smith & Grant, was found guilty of professional misconduct in cumulo in relation to two conjoined complaints. He failed to respond to a complainer's letter, failed to provide information about an estate to agents (Harper Macleod) over 2014-2016, failed to advise beneficiaries of their legal rights entitlement, and failed/unduly delayed responding to correspondence and statutory notices from the Law Society over an extended period (2014-2021). The Tribunal found the conduct serious and reprehensible per the Sharp test. Given mitigation, including the Respondent's depressive disorder and insight into it, the Tribunal declined striking off or suspension and instead censured him, fined him £5,000, and awarded expenses against him. No dishonesty was found.

Duties found breached:

• No improper communication with the court
• Act only on proper, lawful instructions
• Complaints procedure and handling
• Diligence and timeliness
• Good faith and courtesy to colleagues
• Not misrepresent regulated status

Aggravating factors:

• Lengthy period of no effective communication (November 2014 to July 2021)
• Failures related to interactions with third parties, professional colleagues and the Law Society as regulator
• Prior finding of unsatisfactory professional conduct (fined £1,500 plus £1,500 compensation)

Mitigating factors:

• Respondent's acute recurring depressive disorder, for which he sought treatment and demonstrated insight
• No risk of repetition
• No dishonesty or lack of integrity
• Positive testimonials and firm highly regarded
• Cooperated with Tribunal via Joint Minute admitting all facts and misconduct
• Respondent thrown into running firm after prior senior partner struck off; heavy workload
• Estate complicated by discretionary trust and HMRC tax liability