David Grant Rattray

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

David Grant Rattray, a solicitor handling numerous executries, took grossly excessive fees (overcharges ranging from over 40% to over 380%), charged for work not done, and repeatedly took fees without rendering fee notes or obtaining client authority. In one case he charged fees to an estate for which he had no client. The Tribunal found this a dishonest course of conduct over a significant period, expressly finding dishonesty. Following a Joint Minute admitting all facts and misconduct, the Tribunal found him guilty of professional misconduct and ordered his name struck off the Roll of Solicitors. He was found liable for expenses (taxed) and publicity was ordered with only him named, deferred pending related proceedings against his former partner.

Duties found breached:

• Honesty
• Fair, reasonable and lawful fees
• No improper use of client money
• Honour professional undertakings

Aggravating factors:

• Dishonest course of conduct over a significant period involving numerous transactions and multiple executries
• Overcharges ranging from over 40% to over 380%
• Failure to re-credit overcharged fees to client ledgers
• Guarantee Fund required to make multiple payments to affected estates
• Likely to be a danger to the public if continued practising

Mitigating factors:

• No previous findings of professional misconduct
• Cooperated with the Fiscal and pleaded guilty at early stage
• Admitted all averments by Joint Minute, saving Tribunal time
• Made some refunds to certain executors
• Numerous character references including from current employer
• Extensive record of public and charitable service
• Currently unwell
• Lost business, wealth and reputation