Simon Kennedy Duncan

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

Simon Kennedy Duncan, a sole practitioner at Buchanan Campbell, was found guilty of professional misconduct arising from complaints by 22 secondary complainers and the Law Society. The misconduct comprised systemic failures to communicate, to progress personal injury/medical negligence claims, to implement mandates, raising a court action without instructions, inappropriate withdrawal from acting, failure to act in a client's best interests, failure to cooperate with the Law Society and SLCC, and numerous Accounts Rules breaches (deficits on client account, poor records, misleading accounts certificates). The accounts rules breaches were found to lack integrity, but there was expressly no dishonesty and no client loss. The Tribunal found him not guilty in relation to the Paul Jenkins Limited matter (unpaid invoice for under 6 months). He was censured and his practising certificate restricted to acting as a qualified assistant under approved supervision for an aggregate period of ten years, and found liable for expenses.

Duties found breached:

• Accounting records, reconciliation and reports
• Avoid wasting the court's time
• Integrity
• No improper communication with the court
• No improper use of client money

Aggravating factors:

• Long course of conduct affecting a large number of clients (22 secondary complainers) and others
• Conduct found to lack integrity in relation to management of client funds and failure to declare breaches on accounts certificates
• Conduct likely to endanger the public
• Repeated failures to cooperate with the Law Society and the SLCC
• Breaches identified at 2015 inspection remained outstanding at 2018 inspection

Mitigating factors:

• No dishonesty; sufficient funds existed to make good any deficits and no loss arose
• No criticism of the Respondent's legal work
• No previous findings on the Respondent's record (solicitor since 1992)
• Health issues and adverse business circumstances contributing to the misconduct
• Insight, remorse and cooperation with the Fiscal and Tribunal; attended in person
• Had already paid some compensation, introduced capital and downsized home to pay debts