The Herald

Lawyer fined £5,000 for Legal Aid claims made for lavish meals and alcohol

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A LAWYER who wrongly billed the taxpayer for high-end food and drink expenses has been fined £5,000 by a legal watchdog.

Duncan Burd, 58, submitted claims to the Scottish Legal Aid Board (SLAB) that included receipts for expensive lunches and dinners.

Burd, a lawyer with 35 year’s experience, claimed refunds for alcohol and food including a visit to a venue owned by top chef Martin Wishart.

He also made claims for champagne, whisky and wine, as well as travel expenses.

Officials at the SLAB had warned

Burd over his conduct and he appeared before the Scottish Solicitors’ Discipline Tribunal (SSDT) where he faced allegation­s of profession­al misconduct between 2012 and 2015.

The hearing was told SLAB officials challenged Burd over several of his expense claims, including a hotel bill from 2014 for £351.45 that included champagne, whisky and wine.

He was also questioned over a bill for £351.80 – including £146 for alcohol – he racked up at Martin Wishart’s restaurant.

The tribunal heard Burd had dined in “exclusive” restaurant­s and stayed in “excessivel­y expensive” hotels along with his wife and claimed the taxpayer for doing so.

He was also reprimande­d for submitting several claims for the desserts of two diners but replied he did not “do sweets” when questioned by SLAB.

The panel was also told Burd was seeking public money to fund his lifestyle although they accepted he had not made any further claims since 2015.

Burd, who works for a law firm in Portree on the Isle of Skye, had rejected the accusation­s and insisted he only expected to be reimbursed for a portion of his claims.

But an SSDT hearing in March found him guilty of profession­al misconduct and fined. However, the tribunal said it believed he had not acted dishonestl­y.

Handing down the ruling, vicechair Beverley Atkinson said: “The Legal Aid Board is a public body administer­ing public funds to provide assistance to people who are unable to afford legal representa­tion and access to justice.

“Legal aid is regarded as central in the provision of access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.

“The tribunal considers conduct that brings into question a solicitor’s integrity with the Legal Aid Board to be a serious matter.

“The respondent was cavalier in his approach to the submission of claims. There is no cap or upper limit placed on expenses claims which may have resulted in the respondent having a misconceiv­ed notion about what was acceptable.

“When issues were raised he changed his practice and did not profit.

“The tribunal considered that a significan­t fine was required to reflect the seriousnes­s with which it viewed the conduct, even taking account of his limited means.”

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