Alan Eccles, a lawyer from Giffnock near Glasgow who admitted to engaging in online conversations about the sexual abuse of children, could finally be struck off after being allowed to keep working for more than a year after his conviction.
Eccles, a former lawyer for the Scottish Youth Parliament, was sentenced to 300 hours of community service after admitting to the offences, which also included sharing indecent photos of children and an intimate picture of a woman in 2023.
Practising certificate renewed despite conviction
Under Law Society of Scotland procedures, a sentence of less than a year in prison does not trigger a suspension, and Eccles's licence to operate was renewed in November, sparking outrage.
Now the Scottish Solicitors' Discipline Tribunal (SSDT), which has the power to bar a lawyer from practising, has brought misconduct proceedings against Eccles, with a hearing scheduled for later this month.
Eccles allowed to work until process complete
It is understood Eccles will continue to be allowed to work until the process is complete, which could take several more months.
A Law Society of Scotland spokesman said: "Where we have reason to believe that one of our members has not met the high professional standards expected of them we will take action.
"By law, we have powers to suspend a solicitor from practice in limited circumstances, which include where a solicitor has been convicted and sentenced to a term of imprisonment of 12 months or more. Other disciplinary measures are available where that threshold is not met but a solicitor is still able to practice pending the conclusion and outcome of the disciplinary process.
"Due to our successful lobbying... we will have enhanced powers to suspend solicitors in the future."
Sentence and reaction
In June last year, Eccles was tagged for eight months as he was handed his community-based sentence at Paisley Sheriff Court, which included a three-year supervision order. He was also added to the sex offenders register for three years.
His lawyer John Scullion KC told the court the offences took place when his mental health was poor, saying: "He accepts full responsibility."
Sheriff Bruce Erroch told first offender Eccles his behaviour was "despicable".
Eccles's profile was removed from the Law Society's pages following his conviction but later reinstated.
The society's new practice year began in November, with details of Eccles's Hillington-based business remaining on the register after his certificate was renewed.
His webpage still features references from legal professionals, describing him as a "consummate professional" as well as "caring" and "empathetic".
The decision to allow Eccles, 45, to work again was branded "shameful" at the time, but Eccles told the Record there was "nothing unusual" that he still had a practising certificate.
Scottish Conservative spokeswoman for victims and community safety Sharon Dowey said the public would be "appalled" to learn that the "predatory offender" had not only escaped jail but, "as a result of his lenient sentence, is able to continue practising law".
Scottish Labour justice spokeswoman Pauline McNeill said it was "worrying" that Alan Eccles was still freely practising, saying it was vital appropriate safeguards are in place.
The SSDT decides whether a solicitor is guilty of professional misconduct and on any sanction. It can censure, fine or restrict solicitors' practice and, in serious cases, strike a solicitor off the roll.
The procedural hearing of Eccles's case will be heard privately later this month. The SSDT said a hearing had been set to hear legal submissions on the case, which require to be heard in private "in the interests of justice". It said depending on what the tribunal decides, future hearings of this case may be made public.
