Graeme C Miller

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

Graeme C Miller, cash room and client relations partner at McGregor MacLeod Ltd, was found guilty of professional misconduct for failing to act with integrity by including in the firm's Terms of Business clauses that penalised clients (£500 + VAT, and a £2,500 levy per unsuccessful head of complaint) for making complaints to the SLCC, thereby impeding their statutory right to complain. No dishonesty was alleged or found. On 6 February 2023 the Tribunal censured him and fined him £1,000, plus expenses. At a compensation hearing on 11 May 2023 he was ordered to pay the Secondary Complainer, Stephen Geddes, £750 for inconvenience and distress; a claim for boiler-related financial loss was refused as not a direct effect of the misconduct.

Duties found breached:

• Complaints procedure and handling
• No conflict between current clients
• No baseless or threatened misconduct report

Aggravating factors:

• Conduct likely to damage the reputation of the profession
• Prior Tribunal finding in 2008 (censure), though on a different subject
• Terms subordinated clients' interests to the solicitor's own interests

Mitigating factors:

• Cooperated with the Fiscal and Tribunal
• Admitted the misconduct via Joint Minute
• Took proper advice and revised the Terms of Business (approved by SLCC), removing ongoing risk to the public
• No charge was ever actually levied on any client
• High volume of conveyancing work with very few complaints