Brian Travers

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

The Scottish Solicitors' Discipline Tribunal found Brian Travers guilty of professional misconduct for a catalogue of failures in handling a single court action for the Secondary Complainer: failing to lodge defences in time, failing to oppose a motion for summary decree, failing to arrange representation at the Options Hearing (resulting in decree by default), and repeatedly failing to communicate significant developments including the refusal of an appeal and the right to further appeal. The Respondent admitted the facts and misconduct and did not appear. The Tribunal accepted his significant health difficulties at the time but treated these as mitigation only. Considering the conduct against his prior disciplinary record (including similar conduct in early 2018), the Tribunal found a censure, fine or restriction insufficient but strike-off not appropriate given mitigation, and imposed a nine-year suspension to mark gravity and protect the public. Expenses awarded to the Complainers; publicity ordered naming the Respondent and his firm. No express finding of dishonesty was made.

Duties found breached:

• Disclose adverse law to the court
• No improper communication with the court
• Advise on alternatives, settlement and outcome
• Diligence and timeliness

Aggravating factors:

• Prior disciplinary record including similar conduct dealt with in early 2018 and a failure to implement a mandate
• Lengthy catalogue of failures over a prolonged period in relation to one case
• Highly prejudicial effect on the client (decree granted against him)
• Concerning pattern of complaints raising question of fitness to practise

Mitigating factors:

• Significant health/psychiatric difficulties at the time of the misconduct
• Admitted the facts and accepted the allegations of professional misconduct
• Voluntarily relinquished his practising certificate and no longer carries out legal work
• The Respondent's age