A Dundee lawyer who left a client in “emotional turmoil” has been banned from the profession after his second case of misconduct in a decade.
Alan Baillie, 66, has been struck off the lawyers’ register after it was found he had a conflict of interest during a land ownership dispute in Argyll.
Baillie, who has worked for several firms including Baillie Shepherd and Gilson Gray during a career spanning more than 40 years, says he has now retired from the profession and has no plans to return.
It comes 10 years after Baillie was fined £10,000 at a tribunal for “serious and reprehensible” misconduct when he was found to have breached legal obligations in 10 property transactions.
Dundee lawyer made payments without woman’s knowledge
In the latest case, the Scottish Solicitors’ Disciplinary Tribunal (SSDT) found Baillie had acted in the interests of Lorraine Ludman and brothers Andrew and Graeme McIlvride over the conveying of land in Argyll.
Between 2009 and 2015, Ms Ludman paid her then-partner Andrew McIlvride £140,000 for the land but never received the deeds, according to the SSDT report.
By November 2016, the relationship between the two had ended.
During the case, a ledger card of the firm allocated to Ms Ludman was discovered.
It disclosed two payments Baillie made from Ms Ludman to Mr McIlvride – totalling £1,380 – without her knowledge, to settle two bills.
Despite previously representing Ms Ludman, the SSDT found Baillie told the court he had not represented her and had no professional obligation to her.
The SSDT found Baillie’s actions:
- Led Ms Ludman to believe they had a client-solicitor relationship
- Acted in conflict of interest by representing both Ms Ludman and Mr McIlvride between 2009 and 2016 despite the interests of both parties not being aligned
- Failed to advise Ms Ludman to seek separate legal advice when her and Mr McIlvride’s interests were no longer aligned
- Inappropriately transferred funds from Ms Ludman to Mr McIlvride’s account to pay his bills without her knowledge
The report added: “It is determined that the appropriate sanction in all the circumstances, having particular regard to the analogous previous conviction, was strike off.”
However, it also stated Baillie – who admitted four allegations against him – had co-operated with the investigation and was experiencing “significant health challenges”.
In 2014, Baillie was handed the maximum possible fine after admitting misconduct.
This included acting in conflict or potential conflict of interest during a series of transactions in 2010.
Ms Ludman told The Courier the latest case had left her with “innumerable sleepless nights”.
In a statement, she said: “The outcome of this hearing should send a strong message to every crooked lawyer out there – justice will be served.
“I could not be happier with the tribunal’s decision to strike Alan Baillie off the register, as he will never abuse his position of power to take advantage of anyone else ever again.
Client ‘suffered innumerable sleepless nights’
“It is unfortunate that this was not the outcome in 2014 when Baillie was fined £10,000 for serious and reprehensible misconduct.
“Had the tribunal taken a harder stance at the time, I would not have suffered the innumerable sleepless nights and intense emotional turmoil that I have faced as a result of Baillie’s actions.
“The entire affair has led me to lose almost all of my faith in the profession, but the fact that this bad actor has been held accountable gives me hope that it will serve as an example to anyone else who has been seriously wronged by a legal professional.”
When approached by The Courier, Baillie said he had retired but had no further comment to make.
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