Lawyer struck off for ‘outrageous charging’

Solicitor claimed £116,000 too much from one client, while another suffered from a learning disability

A crooked Mearns solicitor has been struck off for professional misconduct after being found guilty of “outrageous overcharging”.

Norman Alexander Fyfe Banski, 63, was the subject of a complaint against him which was heard by the Scottish Solicitors’ Discipline Tribunal (SSDT) in Edinburgh.

It was told he charged grossly excessive fees in relation to various executry estates, including overcharging one client in the region of £116,000.

Banski, who worked as a solicitor in Laurencekirk from 1979 until 2011, also overcharged another client suffering from a learning disability £7,900.

The complaint detailed six cases where Banski had taken a total of more than £167,000 more in fees than he was entitled to.

Kenneth Paterson, vice-chairman of the tribunal, said: “The tribunal considered that the professional misconduct was so serious that the only suitable sanction was strike off.

“The respondent was guilty of dishonesty. His behaviour represented a course of conduct over a significant period between 2005 and 2010.

“The blatant overcharging was likely to damage the reputation of the profession.

“He did not demonstrate any remorse.”

Mr Paterson said the tribunal was most concerned with the “outrageous overcharging” carried out by Banski.

He said the tribunal was satisfied that Banski’s conduct was dishonest, and described the overcharging as “repeated and of a gross nature”.

Banski was found guilty of breaching accountancy rules by having a deficit on various occasions between April 2011 and July 2011; failing to keep written-up books of his practice; failing to maintain the firm’s books; charging grossly excessive fees in relation to various executry estates; and failing to render fee notes in respect of those fees which were taken by him.

Banski, of Bridge of Dee Court, Aberdeen, is not currently employed by any legal firm and the judicial factor disposed of his assets.

He played significant roles in his community and profession in the past, including representing the Law Society of Scotland in the House of Commons.

He was also previously involved with Mearns Community Council and the Laurencekirk Villages In Control committee, of which he was a founding member.

Banski was also a prominent voice in the campaign for a Laurencekirk flyover on the A90 and the successful campaign to reopen Laurencekirk Rail Station.

Banski, who suffers from ill health, was neither present nor represented at the hearing. However, his agent submitted two letters with enclosures to the tribunal.

“The blatant overcharging was likely to damage the reputation of the profession. He did not demonstrate any remorse

KENNETH PATERSON, VICE-CHAIRMAN OF THE TRIBUNAL

Norman Banski worked as a solicitor in Laurencekirk from 1979 until 2011.