C D v Incorporated Society of Law-Agents in Scotland
| Jurisdiction | Scotland |
| Judgment Date | 18 October 1901 |
| Date | 18 October 1901 |
| Docket Number | No. 3. |
| Court | Court of Session |
Lord President, Lord M'Laren, Lord Kinnear.
Administration of Justice—Law-agent—Re-admission to Roll.—
An enrolled law-agent was convicted of forgery and sentenced to fifteen months' imprisonment. After his liberation his name was, on his own application, removed from the Register of Enrolled Law-Agents. Seven years after his conviction he presented a petition for readmission. The petition was supported by letters and certificates testifying to the petitioner's good conduct since his liberation from prison after the expiry of his sentence, but it was disapproved by the Society of Procurators of Midlothian, and was opposed by the Incorporated Society of Law-Agents in Scotland.
The Court refused the petition.
On 20th July 1894 C D, an enrolled law-agent, pleaded guilty to a charge of forgery in the following terms:—‘(1) That he did utter as genuine a document bearing to be a certified copy of a pretended interlocutor by the Honourable Lord Low, granting warrant upon the Bank of Scotland for payment to the panel of the several sums of money therein mentioned, amounting in all to the sum of £35, 19s. 11d., on which document the name of “James D. Fraser” bore to be signed, as the party certifying said document to be a true copy, such signature being forged by the panel, by presenting said document to a clerk to the Accountant of Court, for the purpose of the panel receiving from him the deposit-receipt referred to in said pretended interlocutor, to enable the panel to draw said sums, which deposit-receipt the panel received: (2) In the head office of the Bank of Scotland, Bank Street, Edinburgh, the panel did utter as genuine another document, also bearing to be a certified copy of said pretended interlocutor, the signature “James D. Fraser” thereon being forged by the panel, by presenting said document in said bank for the purpose of the panel receiving payment from said bank of the sum of £35, 19s. 11d.’
He was convicted and sentenced to fifteen months' imprisonment.
On 23d June 1896 his name was removed, on his own instructions, from the Register of Enrolled Law-Agents, and thereafter he applied to the Court for the removal of his name from the roll of law-agents practising in the Court of Session, and from the roll of law-agents practising in the Sheriff Court of the Lothians and Peebles. This application was granted on 22d January 1897, and a petition for...
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