A Scottish solicitor who stole £4,000 from a dead woman and claimed nearly £20,000 in legal aid fees while suspended has been banned from practising as a lawyer for ten years.
James McRae, 67, was found guilty of professional misconduct by the Scottish Solicitors' Discipline Tribunal following a catalogue of complaints by clients and colleagues over his mishandling of cases stretching back more than four years.
Mr McRae, formerly of McRae WS in Burntisland, Fife, and Thorntons Solicitors in Dundee, took fees from a dead client's estate without the consent of the executor.
The tribunal also heard that McRae claimed state funding from the Armed Forces Legal Aid Authority (AFLAA), the body that grants and manages legal aid for the representation of military personnel, despite having his practicing certificate withdrawn.
He also failed to account for fees paid to him by a number of other clients and failed to settle agency and counsel fees with law firms acting on behalf of his clients.
Despite his claims that he "did all the work competently" and that all the money was "properly earned", the tribunal described McRae as showing "willful disregard" for the Solicitors (Scotland) Act 1980, which sets out the rules concerning professional practice, conduct and discipline.
The tribunal was told that McRae had been instructed in connection with the administration of the estate of a deceased client in 2004.
But by the middle of November 2008, by which time another firm had taken over the administration of the estate, it became apparent that McRae had debited fees to the executry estate in early 2005 of £2718.59 plus vat. Separately, he had taken fees on October 30, 2004 and August 31, 2005 totaling £1326.78 without the authority of the executor.
A complaint was made to the Law Society of Scotland, which ordered that the full amount be repaid with an additional £600 compensation, but McRae failed to return the money.
On May 1, 2008, the law society withdrew McRae's practicing certificate and suspended him from practice as a solicitor.
However, McRae was undeterred and continued to provide legal advice, assistance and representation to 44 different clients for which he received public funding.
The tribunal said: "Between about 2nd May 2008 and 8th October 2008, the respondent continued to practice as a solicitor not withstanding the suspension and represented to various persons including members of the staff of the Armed Forces Criminal Legal Aid Authority, members of the Service Police and members of HM Forces that he was entitled to practice as a solicitor."
McRae received a total of £15,899.15 from AFLAA and claimed a further £3091.02, which was withheld.
In all, having considered five complaints against McRae, the tribunal stopped short of striking the McRae's name from the roll of solicitors, but found him guilty of professional misconduct and liable for the expenses of the tribunal.
It ruled: "The tribunal was extremely concerned that the respondent, knowing that he had already been restricted and also being fully aware that he had then been suspended, carried on working when he knew that it was a requirement that such work be undertaken by a solicitor."
