Solicitor is found guilty of professional misconduct

An Ayr solicitor has been found guilty of professional misconduct by a legal watchdog.

John Hodge, a solicitor at Wallace Hodge and Company Ltd, based in Killoch Place, was fined £6000 for his part in a complex legal wrangle involving the discharge of a deceased man’s estate.

Hodge was appointed one of three executors in the estate of a deceased man, known only as ‘Mr B.’

Controversy arose when he “failed to write” to one person involved in the wrangle, known only as ‘Ms A’ advising her that “legal consequences may arise” from her signing a discharge agreement.

According to the Scottish Solicitors’ Discipline Tribunal (SSDT), Hodge “failed to act with integrity” in relation to the matter.

It was found Hodge “failed to act with integrity” when he made a payment to the woman “conditional” upon her “withdrawing a complaint” she made to the Scottish Legal Complaints Commission (SLCC) about him.

Hodge was found to be in a “conflict of interest situation” from the affair, according to the SSDT. Ms A, also known as the ‘Secondary Complainer,’ gave evidence, under oath, at the tribunal.

In the written decision the SSDT said: “The Respondent (Hodge) lacked integrity, although dishonesty was not present. The Tribunal also noted a lack of insight and remorse displayed by the Respondent and the scant mitigation advanced by his representative.”

In mitigation the tribunal was told Hodge “acted in good faith throughout” and sought to “resolve the interests of all parties.”

It’s not the first time Hodge has appeared at a SSDT hearing.

In September last year The Post told how Hodge withheld £46,000 of a client’s money during a dispute over the fees he was charging. He refused to transfer the cash until he was ‘squared-up’ for £11,621.80 he claimed he was owed.

That particular dispute was over the purchase of a plot of land and property at a £140,000 cottage in Alloway back in 2006.

The Council of the Law Society of Scotland initially ordered the solicitor to pay a fine of £1000 and compensation of £2500.

Hodge initially appealed the decision back in July 2018 and a new hearing was set.

The hearing resulted in a compensation order being reduced from £2500 to £1500 – but the fine remained at £1000. Hodge was also ordered to pay expenses.

In their written judgment, the Scottish Solicitors’ Discipline Tribunal said Hodge has “failed to act in his client’s best interests” by withholding money which was rightfully theirs.