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Cameron Hunter Mackenzie

JurisdictionScotland
BodyScottish Solicitors' Discipline Tribunal (SSDT)
Professionsolicitor — Cameron Hunter Mackenzie, Smith & Grant, Rathellan, High Street, Leven
Date26th Apr 2023
AppealNo Appeal

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

SanctionFine
FineGBP 5,000
Dishonesty foundNo

Cameron Hunter Mackenzie, a partner at Smith & Grant, was found guilty of professional misconduct in cumulo for failing to respond to a client's letter of complaint as Client Relations Manager, failing to provide information to agents acting for a beneficiary regarding an estate over an extended period (Nov 2014-Apr 2016), failing to advise beneficiaries of their legal rights entitlement, and failing/unduly delaying to respond to correspondence and statutory notices from the Law Society in relation to two complaints. The Tribunal found the conduct serious and reprehensible under the Sharp test. There was no finding of dishonesty or lack of integrity. Given mitigation including the respondent's depressive disorder and insight, the Tribunal did not impose striking off or suspension, instead censuring and fining him £5,000, with expenses awarded against him and publicity directed.

Duties found breached:

Aggravating factors:

  • Lengthy period of conduct (November 2014 to July 2021)
  • Failures related to interaction with third parties, professional colleagues and the Law Society as regulator
  • Failure to cooperate with the regulatory/investigatory process brings profession into disrepute

Mitigating factors:

  • No dishonesty or lack of integrity
  • Only one prior matter on record (unsatisfactory professional conduct finding)
  • Respondent suffered from acute recurring depressive disorder and sought treatment with insight gained
  • No risk of repetition
  • Positive testimonials and high regard for the firm
  • Complicated executry involving discretionary trust and HMRC tax liability
  • Cooperation via Joint Minute admitting all facts and misconduct
  • Compensation/fee abatement already made through SLCC/Law Society processes

Documents

Source: https://www.ssdt.org.uk/findings/law-society-v-cameron-hunter-mackenzie/