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Daily Record
Daily Record
National
Michael McQuaid

Scots sheriff found guilty of professional misconduct risks his role

A sheriff’s position is in doubt after he was found guilty of professional misconduct.

Mark Thorley’s behaviour in a dispute between a couple over property was branded “reprehensible” by the Scottish Solicitors’ Discipline Tribunal.

Thorley had threatened his client’s former partner with legal action unless a complaint against him was withdrawn.

The 57-year-old director of Edinburgh firm Thorley Stephenson has been a part-time sheriff for 12 years.

But he faces losing that position after an SSDT hearing led to him being censured.

The tribunal was told that Thorley acted for a woman, Ms B, in a case with her ex-partner, Dr A, that involved the sale of two homes.

In April 2017, Dr A told the Scottish Legal Complaints Commission that Thorley had consistently refused to return paperwork, emails and telephone calls.

He accused the lawyer of “changing the goalposts” in relation to the terms of an agreement.

Tribunal vice-chairman Beverley Atkinson said: “He had allowed his independence to be impaired and permitted his personal interests to influence his actings on behalf of his client.”

The tribunal accepted it was at the lower end of the scale and considered censure a sufficient penalty.

Advocate Jonathan Brown, who represented Thorley, said the consequences in relation to his part-time sheriff position are likely to be “severe”.

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