Monday, November 06, 2006

Chief Executive of the Law Society of Scotland branded a liar after FSA denies claims of intervention to block complaints body.

Would it surprise you if I said that Douglas Mill, Chief Executive of the Law Society of Scotland, is a liar ?

Would it also surprise you that many clients of Scottish solicitors, who have fallen foul of a crooked lawyer & have had to endure the torturous, corrupt, prejudiced & lengthy complaints & claims procedures of the Law Society of Scotland, also believe Douglas Mill to be, a liar ?

Well, last week, Douglas Mill, Chief Executive of the Law Society of Scotland, claimed, in an interview for an article in the Herald newspaper, that the Financial Services Authority would block the workings of the proposed independent legal complaints body which is proposed in the Legal Profession & Legal Aid (Scotland) Bill, if it were to attempt scrutiny of the Law Society of Scotland's professional indemnity insurance scheme for Scottish solicitors, otherwise known as the Master Insurance Policy, which all solicitors are mandated to pay into by the rules of the Law Society of Scotland.

You can read my coverage of last week's Court Challenge threat by Mill, here : Law Society of Scotland threatens Court challenge against Scottish Executive over LPLA legal reform Bill

This week, the FSA has completely denied any such claim, giving rise to allegations that Douglas Mill, lied on this point, which he and the rest of the legal profession are using as but part of their determined campaign of dirty tricks against the pro consumer reforms planned in the LPLA Bill.

Losing control over complaints against solicitors, has to be one of the greatest failures of the legal profession - but they only have themselves to blame.

For decades, the Law Society of Scotland has been the self-regulator of the legal profession - where lawyer regulates complaints against fellow lawyers .. otherwise known, as a recipe for corruption, dishonesty, & a license to commit dirty tricks against anyone making complaints against colleagues in order to throw out complaints or mitigate any punishment against unmasked crooked colleagues.

The LPLA Bill will end most of this - as complaints against the legal profession, are to be handled by the proposed Scottish Legal Complaints Commission, which will also have a degree of oversight over the Master Insurance Policy of the Scottish legal profession - which handles damages claims from clients against negligent lawyers.

The Master Insurance Policy is administered by the infamous Marsh Inc (albeit Marsh UK) ... Marsh Inc, the parent company, you will recall, was caught up in a gigantic corruption scandal in the United States, after new York District Attorney Eliot Spitzer brought charges against the company - resulting in large fines, several resignations of it's Board members .. and at the end of it, an admission of guilt .. simply because the evidence was overwhelming.

Nothing was done about Marsh in the UK .. at least so far, but there is an EU investigation going on into it's activities .. as well as other insurers, which I will be keeping tabs on and letting you all know about soonish.

To quote today's Herald newspaper article :

Last week, Douglas Mill, the Law Society of Scotland's Chief Executive, said the FSA - together with insurer Royal & SunAlliance - would tell the proposed Scottish Legal Complaints Commission to "take a hike" if the proposed new body decided to seek to examine claims and the handling of claims against the master policy.

This is to be part of the commission's role under the Legal Profession and Legal Aid (Scotland) Bill, which last week completed stage two at Holyrood.

Independent scrutiny of the policy, which covers compensation claims against Scottish solicitors arising from negligence, fraud or dishonesty, is strongly favoured by consumer groups. Critics such as the Scottish Consumer Council have complained that the policy lacks transparency.

A spokesman for the FSA said the Canary Wharf-based watchdog is unlikely to interfere. He said: "I think if anyone were to tell (the Scottish Parliament) to take a hike, it would be more likely to be the Treasury, since it was the Treasury which was responsible for the Financial Services and Markets Act of 2000 which laid down the powers of the FSA.

So, what is going on here ?

Well, some would say, a campaign of disinformation - well organised by the Law Society of Scotland, in order to scare the Scottish Parliament into voting down the LPLA Bill when it comes round for a vote ... some would also say .. it's part of the dirty tricks campaign of the legal profession to cause fear in the wake of their threatened Court challenge against the LPLA Bill which Douglas Mill so bravely made last week.

I would say - it's a desperate move on the part of the legal profession - to prevent any oversight of the workings of what must be the most corrupt, most crooked, most devious & dirty financial insurance scheme in existence to cover 'professional negligence' claims, in our time - and believe me, as one who has been up against the Master Insurance Policy - what I have said is no overstatement.

Imagine giving someone a licence to lie, to steal, to intervene in people's personal lives, to undermine their work, to undermine their business or livelihood, to intimidate their family (if needed), to find out every single scrap of information on that person & their entire family, including medical records, all financial records, what they do, their habits, their history, their lifestyle, any criminal record, even what they throw in their garbage.

You think I am talking about the Security Services, right ? No, I'm not. I'm talking about the legal profession and the Master Insurance Policy and what I say, I say from experience, remember, not from reading a book.

I was a claimant to the Master Insurance Policy - over the activities of crooked Scottish Borders solicitor Andrew Penman of Stormonth Darling Solicitors, Kelso

My claim got nowhere - I was intimidated by just about every means possible, my family was put under a microscope, by these legal 'thugs' at Drumsheugh Gardens - along with their colleagues at Marsh UK (then called Sedgwicks) and of course, the Royal & Sun Alliance PLC, (the insurers to the legal profession) .. and this merry gang even sanctioned having the local Police investigate & intimidate me over false information given to them by a professional colleague of Penman, the Executir of my late father's will ... crooked Borders Accountant Norman Howitt of Welch & Co, Accountants, Hawick & Galashiels ... and at the end of it, the amount I was offered was only to cover the legal expenses of making the claim in the first place - and this is how the Master Insurance Policy works - all the while, paying both my solicitors, and the crooked solicitor, bonuses for reducing anyones claim against a lawyer, to nothing.

The way I have just described how the Master Insurance Policy allows the legal profession to defend itself against a client who makes a financial claim for negligence against a crooked lawyer - is one of the core reasons that Douglas Mill and his crooked band of colleagues over at Drumsheigh Gardens, Edinburgh - the Law Society of Scotland HQ, are desperate to keep out of the prying eyes of an independent regulator. .. so, telling lies to the media, getting fabourable media articles written by lawyers disguised as journalists, telling lies to Parliamentary Committees, threatening politicians and even leaking details of their activities to try & swing a forthcoming legislative vote, comes as small beer to the legal profession in it's absolute determination to kill off any chance of independent regulation.

Do I think Douglas Mill is a liar ? well, yes I do.

You have all seen in earlier articles, what Douglas Mill did to me, personally .. and in what became his own, highly personalised & vindictive campaign against me (and many other claimants I know) .. he famously fiddled my claim for civil legal aid so I wouldn't get to progress my case - a dirty trick indeed, but one which comes quite easy to a man who, despite his claims to the contrary, becomes involved in client claims against solicitors - to make sure they get nowhere - just as he did in the MacKenzie's claim .. just as he did in mine, and just as he has done in so many others .. with help from some of his infamous colleagues .. such as Philip Yelland, Director of Client Relations .. and the now retirned Leslie Cumming, Chief Accountant of the Law Society of Scotland - who also became involved in fiddling many a complaint against a crooked lawyer to let them off the hook ...

There is no doubt, the Master Insurance Policy needs independent scrutiny of its workings and behaviour, when it comes to dealing with claims made by clients of crooked or negligent solicitors.

There is also, just as importantly, the issue of how the Master insurance Policy has operated in the past .. against those members of the public who have tried & failed to bring negligence claims against Scotland's legal profession, because of the actions & dirty tricks of those who administer, operate & fund the Master Insurance Policym ensuring claims against lawyers in Scotland, get nowhere.

Those dirty sins of the past, need to be fully investigated, publicised, and accounted for, and the victims of the way the Master Insurance Policy has been implemented in the past must be duly & deservingly compensated.

Read on for the article, from The Herald, at : http://www.theherald.co.uk/business/73713.html (Herald link now out of date)

FSA denies it will block independent complaints body
IAN FRASER November 06 2006

The Financial Services Authority (FSA) has denied that it will intervene to block the planned independent complaints-handling body for Scottish solicitors from scrutinising claims under the Law Society of Scotland's controversial master insurance policy.

Last week, Douglas Mill, the society's chief executive, said the regulator - together with insurer Royal & SunAlliance - would tell the proposed Scottish Legal Complaints Commission to "take a hike" if the proposed new body decided to seek to examine claims and the handling of claims against the master policy.

This is to be part of the commission's role under the Legal Profession and Legal Aid (Scotland) Bill, which last week completed stage two at Holyrood.

Independent scrutiny of the policy, which covers compensation claims against Scottish solicitors arising from negligence, fraud or dishonesty, is strongly favoured by consumer groups. Critics such as the Scottish Consumer Council have complained that the policy lacks transparency.

A spokesman for the FSA said the Canary Wharf-based watchdog is unlikely to interfere. He said: "I think if anyone were to tell (the Scottish Parliament) to take a hike, it would be more likely to be the Treasury, since it was the Treasury which was responsible for the Financial Services and Markets Act of 2000 which laid down the powers of the FSA.

"They are more likely than the FSA to have view on something that potentially contravenes the Authority's powers under the Financial Services and Markets Act.

"Policyholders would have a view if their ability to recover from (the master policy) were to be curtailed. If you have a commercial contract with an insurer and if another body - let's say the Scottish Legal Complaints Commission - were to try to intervene or meddle in that contract, then I guess that your first course of action would be to go to that body (the SLCC)."

In an interview with The Herald last week, Mill said: "They (the SLCC) want to look at claims against the master policy and how these are handled. But they cannot do that. If they do try to do this, I believe the insurers
and the Financial Services Authority will tell the Scottish Parliament to take a hike."

The master policy is a compulsory arrangement for professional indemnity insurance that all Scottish solicitors working in private practice must contribute to annually.

The society arranges the policy through the insurance brokers Marsh. Claims are handled by the current insurers Royal & SunAlliance. The insurance provides cover of up to £1.5m for any one claim.

7 comments:

KC said...

I dont doubt what you say. If the boss of Scotland's legal profession is a liar - the rest of them underneath him are just as bad.

Mags said...

you always take the headshot !

Anonymous said...

Whats more worrying is that what you are saying doesn't go challenged. I think that says it all, just has to be true - with all those papers you have posted in support of your claims. Amazing really, especially all that about the accountant who stole your moms money. A real SOB who should be in jail.

Have certainly learned not to trust any Scottish lawyers.

K.Duffy said...

Douglas Mill also made sure my complaint against an Edinburgh lawyer went nowhere. This guys is a crook. No wonder he is in charge of the legal mafia in Scotland.
Will email you some of my complaint papers when I get them scanned.

PS Balfour & Manson are a bunch of crooks too.

Penny said...

Reminds me of a story down Jedburgh way when the binmen found hastily disposed transfers of title deeds a lawyer had made on a dead clients property to cover his secret gambling debts & other ventures ... rather than face the charges for what he did, he committed suicide. which you said here : http://edinburghnews.scotsman.com/index.cfm?id=1616642006

Who was this lawyer ?

Peter Cherbi said...

Penny

The lawyer (who was also the local area Fiscal at the time) was a Mr David Sturrock - related to the same legal firm still practising in Jedburgh, of course.

If you email me, I can send you some more information on it.

Penny said...

Thanks Peter. I didn't realise Grandfather Sturrock's theft had taken place in the 1930s! It seems he passed his habits on down the generations then and you got the same from his grandson ?!
Could you do an article showing all the legal firms which let down your family ?
A list of the crooked names would make a good headline, you know !

Peter, I notice you get some posters who support the legal profession. Don't pay attention to what they say, your credibility far outweighs anything they have ever done or will ever do. I think those who took an interest in the workings of the Law Society realised that a long time ago.
Keep up your writing. it's an inspiration to people.