Top Scottish KC Andrew Smith found guilty of professional misconduct

A statement on behalf of Mr Smith said he had put David Grier and his brother in touch with his clients only after the litigation was concluded.

The statement said Mr Elliott’s complaints were “borne of the fact that he dislikes Mr Smith, who did no more than seek to right a wrong committed by Mr Elliott after the litigation was concluded”.

It went on to say that an investigation committee set up by the Faculty found that Mr Smith “had not acted improperly; that he had no business interest in the affairs of Worbey and Farrell; that his assistance to them was after the case was effectively terminated; and that his meeting with …the Trustee, was at her request.”

It continued: “In addition, the single appearance in court after the introductions to Mr Grier and David Smith was a formal one and justified.”

The statement added that the complaints committee “has failed to take into account these and other critical findings by the investigation committee”.

The decision can now only be overturned on appeal. The committee is now considering what penalty should be imposed and has asked Mr Smith for a written representation within 14 days.

Mr Smith intends to appeal the decision.

Mr Elliott, who now runs a LGBTQ app business, said the complaints process was stacked against ordinary people.

He said: “It’s designed to discourage and defeat anyone who is not a lawyer, protecting those within the profession at all costs.

“Andrew Smith KC … made a mockery of the complaints process and turned it into an abusive attack on my character, all of which was designed to distract from him having to justify his own reprehensible professional misconduct.

“My victory demonstrates that, even in an unequal system, justice is attainable, though at significant personal cost.”