Norman Alexander Fyfe Banski

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

The Scottish Solicitors' Discipline Tribunal found solicitor Norman Alexander Fyfe Banski guilty of professional misconduct for multiple breaches of the 2001 Accounts Rules (client account deficits, failure to keep proper books, failure to show true financial position), grossly excessive/overcharged fees across six executry/client matters, and failure to render fee notes. The Tribunal expressly found the overcharging to be dishonest, applying the Ivey v Genting test. Given the seriousness, dishonesty, course of conduct over 2005-2010 affecting numerous clients (including a vulnerable client with a learning disability), lack of remorse and insight, the Tribunal ordered his name be struck off the Roll of Solicitors, awarded expenses to the Complainers (taxed) and directed publicity including his name.

Duties found breached:

• Costs and fee transparency to client
• No improper use of client money
• Accounting records, reconciliation and reports

Aggravating factors:

• Course of conduct over a significant period (2005-2010)
• Conduct involved numerous clients
• Repeated and gross overcharging (e.g. NL executry overcharge ~£116,000; GP overcharge from £648 due to £9,622.37 taken)
• Exploitation of a vulnerable client (Mr DM had a learning disability and Respondent held power of attorney)
• No remorse and no insight into conduct
• Respondent had held positions of responsibility within the Law Society
• Blatant overcharging likely to damage reputation of the profession

Mitigating factors:

• Respondent had not practised for a number of years and was not currently working
• Poor health
• Engaged a solicitor and cooperated with the Fiscal
• Admitted five of the eight averments of misconduct via Joint Minute
• Judicial factor had disposed of his assets
• Significant past roles in his community and profession
• Auditor found pre-2010 fees for DM were correctly charged