BRIEF? NO CHANCE.. LAWYER TAKES 12 YEARS ON ONE CASE
Solicitor slammed over delay in damages claim
A lawyer has been criticised by a watchdog after making a client wait 12 years for a damages claim to be pursued.
Fiona McKinnon’s conduct was branded “atrocious” at a hearing which has now placed restrictions on her work for two years.
She was reported to the Scottish Solicitors’ Discipline Tribunal after the long wait by the client, whose case ended up being dismissed.
The tribunal ruled that McKinnon failed to act in the best interests of a client who suffered whiplash injuries in a car crash. She was instructed to pursue a damages claim for £8000 but the “straightforward” case was d i smi s sed when McKinnon failed to attend court.
The client contacted her repeatedly about proceedings but McKinnon fa i led between 2005 and 2017 to “communicate effectively” with her.
The tribunal heard another client died before a complaint could be resolved.
Its vice-chair Kenneth Paterson said McKinnon’s at t i tude towa rds investigators probing complaints against her was “appalling”. He stated: “She failed to provide any explanations or files. Her repeated failures took place over many years. This is unacceptable.
“The conduct was likely to seriously damage the reputation of the profession and was a danger to the public.”
The tribunal found McKinnon, 53, of Glasgow, gui lty of professional misconduct. It ordered that for two years she can work only a s an assistant under supervision.
McKinnon is the immediate past
president of Glasgow Bar As soc iat i o n ( GBA) for lawyers in the city.
But Paterson criticised her for taking on the GBA role while facing disciplinary action. He said: “This showed a lack of insight and concern for the reputation of the profession.”
Paterson said he hoped the twoyear rest r iction on McKinnon’s practising certificate would help her tackle the “def iciencies” that had come to light.
Speaking on her behalf, McKinnon’s solicitor William Macreath said she accepted her failings but claimed she’d had staffing difficulties.
During her year as GBA president, McKinnon’s members boycotted weekend courts dealing with protesters at Cop26.
At that time she wrote to Scottish Government justice secretary Keith Brown to demand a “substantial ” increase in legal aid payments.