A solicitor in a legal firm that overcharged clients by more than £100,000 has been struck off after being found guilty of professional misconduct.
Alison Greer, 51, was banned after her firm was found to have claimed fees to which it was “not entitled”, and she took money from the firm while it was being “financed by overcharges to clients”.
The Scottish Solicitors’ Discipline Tribunal (SSDT) was told that Mrs Greer was, with her twin brother Philip Hogg, a partner in Alder Hogg in Kirkintilloch, near Glasgow.
In 2007, Mrs Greer was the subject of a complaint that she failed to respond to correspondence, but proceedings before the SSDT were abandoned when it became apparent that the letters had been hidden from her by her husband, Kenneth Greer, who was office manager and cashier.
However, the firm continued to employ him until a judicial factor was appointed in September 2012, when financial irregularities were uncovered.
Advertisement
The tribunal was told that between March 2002 and September 2011, Mrs Greer’s firm took fees including VAT of nearly £220,000 for dealing with a couple’s will, overcharging by £90,000.
Files in relation to work on wills for other clients were also assessed and the fees taken were found to have been “excessive”, showing overcharges of up to £8,000. The amount of fees wrongly taken and not refunded was £126,864, resulting in claims being paid out by the solicitors’ guarantee fund.
Mrs Greer, as the firm’s “cash room” partner, was responsible for compliance with financial rules. She told the tribunal that she had no knowledge of the overcharging and that the fees had been set by her husband.
Alan McDonald, vice-chairman of the SSDT, said Mrs Greer’s “dereliction of duty as cash room partner had allowed a course of conduct to persist for three years and had led to a deficit of £126,828.64”.
He added: “The tribunal had no hesitation in unanimously holding that the conduct of the respondent fell well below the standard to be expected of a competent and reputable solicitor which could only be categorised as serious and reprehensible.”
Advertisement
The firm was also found to have taken money from client accounts to which it was not entitled, although in most cases the money was re-credited.
The tribunal accepted Mrs Greer’s explanation that she had no day-to-day involvement in the setting of fees, but said that she had failed to supervise the activities of her husband.