Janet Mary McKay MacMillan

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

Janet Mary McKay MacMillan, a sole practitioner admitted in 1983, faced 11 substantiated allegations of conduct unbefitting a solicitor, including failing to respond to the OSS and clients, failing to progress client matters, breaches of the Solicitors Accounts Rules (overdrawn client accounts, no reconciliations for over a year), failing to file an Accountant's Report, and failing to comply with an Adjudicator's direction. She had previously been fined £750 in 2003 for similar conduct. The Tribunal found all allegations substantiated, noting a chaotic picture with clients suffering significant losses and the Respondent posing a real risk to the public. No dishonesty was found. She was struck off the Roll and ordered to pay costs of £8,078.11, with an Enforcement Order made regarding £1,000 compensation to a client.

Duties found breached:

• Avoid wasting the court's time
• No improper communication with the court
• Keep client informed and respond promptly
• Advise on alternatives, settlement and outcome
• No improper use of client money
• Diligence and timeliness
• Report serious misconduct of others

Aggravating factors:

• Previous appearance before the Tribunal in 2003 for similar conduct (failing to reply to OSS correspondence)
• Members of the public suffered significant losses
• Respondent represented a real risk to the public
• Multiple complaints from clients and other firms showing a chaotic pattern of unfinished work
• Client compensation of £1,000 and client funds remained outstanding

Mitigating factors:

• Serious ill-health and subsequent death of her father in October 2002
• Financial/cash flow constraints on the firm
• Respondent herself requested to be struck off the Roll