Tuesday, April 01, 2008

Revelations in Court of Session appeal show Law Society & Fiscal deliberately failed to take witness affidavit and excluded crucial evidence

Taking a long time, but about three years later, I finally have the Legal Services Ombudsman's report into the Law Society of Scotland's handling of my complaint against Michael Robson - the now infamous 'tennis playing lawyer', which you can read more about here :Lawyer who took on Law Society for clients ended up as dishonest as those he challenged

Sunday Mail - Michael Robson, an untrustworthy solicitor who did nothing for his clients

Shamed Lawyer in Tennis Racket Sunday Mail 21 October 2007

The report basically shows the Law Society of Scotland handled my complaint against former lawyer Michael Robson, with the utmost prejudice against me, and that the Council of the Law Society of Scotland deliberately excluded the details of Michael Robsons conduct in the medical negligence case relating to my mum, just to deny me a fair hearing, deny me the chance to give an input into the case, and deny me any justice - just as they do with everyone else.

Legal Services Ombudsman's report on the Law Society of Scotland & Court of Session case involving Michael Robson

LSO Report on Michael Robson Page 1LSO Report on Michael Robson Page 2

LSO Report on Michael Robson Page 3LSO Report on Michael Robson Page 4

Perhaps more importantly, the Legal Services Ombudsman's report shows that the Law Society of Scotland and even Law Society Fiscal in the case, Mr David Reid of Messrs Flemming & Reid, failed to the point of deliberately seeking to deny me the chance to make a formal affidavit that I was entitled to input into the Court of Session hearings.

From the LSO report into Michael Robson

"In his response of 17 December, the Fiscal expressed his surprise. He said that he had understood that you were „very interested in the prosecution’. He suggested that enquiries should be made as to your whereabouts when you were required as a witness. However, I cannot see that any such enquiries were made. On 21 March 2005, the Law Society provided the Fiscal with your e-mail address. I can only assume that it was at that point they realised that they had a contact e-mail address for you on another file.

Here follow a couple of sample emails from the Law Society Fiscal Paul Reid to myself, showing firstly, his intention to take statements from me, then silence, after no doubt the Law Society decided I should again be denied access to justice or given a chance to speak.

Law Society Fiscal Paul Reid writes to contact me for a statement - on a hearing which was to take place the very next day early in the morning ....

From: "Fleming & Reid" <flemingreid@btconnect.com>
To: <petercherbi>
Subject: Council of the Law Society of Scotland - Michael G Robson
Date: Tue, 22 Mar 2005 12:24:16

FLEMING & REID, SOLICITORS, 180 HOPE STREET, GLASGOW, G2 2UE

TELEPHONE: 0141 331 1144

Our ref: PR/GP

Dear Mr Cherbi,

Council of the Law Society of Scotland

Michael G Robson

I write further to my recent correspondence in connection with the above to which I have not heard from you in response.

In the course of discussions with representatives from the Law Society I was advised that you were now communicating with them by way of e-mail. I am therefore taking the liberty of presenting this message to you by way of e-mail.

A hearing in connection with the prosecution of Michael G Robson is to take place tomorrow within the Scotsman Hotel, 20 Northbridge, Edinburgh, before the Discipline Tribunal at 10am. I had written to you previously asking that you contact me in order that I may obtain from you a statement which would then be encapsulated within the form of an Affidavit of your evidence. I have not heard from you in response. I would be grateful if you would telephone me upon receipt of this e-mail to indicate whether or not it is your intention to attend tomorrow to give evidence on behalf of the Complaint.

I look forward to hearing from you in early course.

Yours sincerely

P A Reid, LLB (Hons) Dip.LP.NP.

SOLICITOR ADVOCATE

My reply :

From: "PC" <petercherbi>
To: "Fleming & Reid" <flemingreid@btconnect.com>
Subject: Re: Council of the Law Society of Scotland - Michael G Robson
Date: Tue, 22 Mar 2005 20:50:07

Dear Mr Reid,
Thanks for your email.
I'm sorry it seems that the Law Society haven't kept you informed of my
whereabouts or my health, but in any case, I am not currently in the Uk
and wont be able to return until sometime before June.
I certainly could not attend tomorrows hearing
However, I would like to attend the hearing, or give evidence, I cannot advance you
a statement by tomorrow - 10am
I would suggest, given the importance of my testimony, and the fact that
you were not made aware that I was not at my address to which you were
writing (which was actually 47 Bongate), you try to obtain a postponement
or adjournment of the hearing on these grounds, as I would very much like
to input into this hearing, given Mr Robson's conduct as per his
representation of my affairs.

Fiscal Paul Reid replies :

Reply-To: "Fleming & Reid" <flemingreid@btconnect.com>
From: "Fleming & Reid" <flemingreid@btconnect.com>
To: <petercherbi>
Subject: Council of the Law Societry of Scotland - Michael Robson
Date: Wed, 27 Apr 2005 13:03:2
Dear Mr Cherbi,

Council of the Law Society of Scotland

Michael G Robson

I write further to your e-mail of 12th April in connection with the above.

I have yet to be made aware as to whether Mr Robson intends to appeal the judgement. A period of 21 days following release of the written Findings is allowed for either party to mark an appeal.

I suspect the indication that an appeal will be forthcoming is based upon previous history insofar as Mr Robson is concerned.

From my own part I would consider that any appeal at his instance is bound to fail. However if an appeal is so marked then it would be my intention to counter-appeal the decision of the Tribunal in relation to your evidence.

When that is determined, at that stage it would be my intention to meet with you, if possible, and obtain from you a statement in relation to your involvement with Mr Robson and the manner in which you were let down. I trust this will not cause you a difficulty. If there is any further information which you require from me, please do not hesitate to contact me.

Yours sincerely

P A Reid, LLB (Hons) Dip.LP.NP.

SOLICITOR ADVOCATE

A further chaser from me, a year later, asking about my statement, after silence from the Fiscal ...

From: <petercherbi>
To: "Fleming & Reid" <flemingreid@btconnect.com>
Subject: Re: Michael Robson
Date: Thu, 6 Apr 2006 18:21:56

Mr Reid
I am informed that the prosecution of Michael Robson is to be in May, but I have not heard from you as to the matter of whether I am giving a statement or not.
It seems I have also been contacted by elements of a lobby group who are volunteering to be in touch with Mr Robson, to ensure that all his rights to cross examine witnesses or cases in the prosecution, are adhered to.
It seems therefore if I am not going to testify for you, I will be testifying for someone else, which is very odd to me, because I am the complainer of course

Clearly I was still waiting on giving a statement a year after .. but the Law Society were determined to see I had no chance in having access to the court on this one ...

A catalogue of obvious delay, denial of access to justice and prejudice seems to be the course of the day in the Law Society's determination to prevent me from speaking in court against their lawyer Michael Robson.

Even worse revelations in the Legal Services Ombudsman's report show the Law Society Fiscal made an attempt to delete references to my complaint so they could be heard at a later date - supposedly, and that was unsurprisingly denied, simply because no one in the court, even Mr Robson, wanted me to be able to speak about how he treated the case of my mum's death at the Borders General Hospital.

From the Legal Services Ombudsman's report :

"On 20 February 2004, the Law Society lodged a complaint of professional misconduct with the Scottish Solicitors Discipline Tribunal (the Tribunal). That complaint included details of your allegations against Mr Robson. A hearing took place before the Tribunal on 23 March 2005. You were unable to give evidence as you were only made aware of the hearing the day before.

The Fiscal made an application to delete reference to your complaints which would allow them to be held over to a later date. That application was denied. No finding of professional misconduct was made in relation to your complaint. However, Mr Robson was found guilty of professional misconduct in relation to another matter before the Tribunal."

Quite convenient for both the Scottish Solicitors Discipline Tribunal and the Court of Session that I wasn't allowed to make any affidavit or statement about how Michael Robson had treated me as a client - and with my complaint being one of the principle complaints against Mr Robson which the Law Society had investigated, that is an incredible denial of access to justice, which the court itself became part of. Mr Robson was happy too of course, as he didn't have to answer for why he lied the whole time he said he was handling the medical negligence case involving the death of my mum.

The conclusion of the Legal Services Ombudsman's report finds the Law Society guilty of wrongdoing, so to speak, and offers a paltry 100 pounds for their actions. Quite disgusting that in our society, an ombudsman has such limited power, but this is just another good example of how crooked lawyers get away with it, time and again, with everyone, not just myself.

Legal Services Ombudsman's conclusion :

"I have considered the handling of your case by the Law Society and in my opinion they failed to take reasonable steps to keep in contact with you between February 2004 and March 2005. I am also of the view that they failed to give you adequate notice of the hearing of 23 March 2005 and you were therefore unable to give evidence. I recommend that the Law Society compensate you in the sum of £100 for the distress and inconvenience caused to you as a result"

Ultimately, the Law Society gets off the hook again, and if anything this case simply shows the present structures of prosecuting crooked lawyers and recovering damages in Scotland is a complete and utter failure.

So can I find a lawyer to represent me in a case to sue the Law Society and Mr Robson for what happened ? I doubt it, as all lawyers are members of the Law Society of Scotland and wont want to do anything to upset the powers that be.

Offers of legal representation to clear up this mess will be gratefully received ...

This is all a good example of how our glorious Scottish legal system is geared to self protecting lawyers and the legal profession against any member of the public who may have a valid claim against a solicitor. That in itself is a good enough argument to ensure that any regulation involving the legal profession must be fully independent, transparent and have no connection whatsoever with the present systems the legal profession has put in place over the years to constantly save itself from any harm.

Reform these injustices now, and bring fully independent regulation for the legal services market, which must be fully opened up to break the Law Society's monopoly on access to justice - as they have so well demonstrated against myself and so many others.

20 comments:

Anonymous said...

nice catching them out with the emails

you should report them for perjury because clearly thats what is going on there

Anonymous said...

I'm beginning to think if a lawyer murdered someone in Scotland in broad daylight on BBC they would get away with it.

High time all these crooked lawyers were sorted out.

Anonymous said...

Spot on Peter.The Law Society can't be trusted with anything and how they treated you is a damn disgrace.

You have to fight this and I agree with the first comment it could be perjury over them not being able to contact you when you are still offering statements a year later.

use a lawyer and lose your life said...

Robson must have been fine not having you there to tell about him and that would have suited the Law Society just as much.

I think its easy to see this was a set up from the very start so you should focus now on suing them for damages or do whatever you can.

Anonymous said...

Was it the court that stopped you from giving a statement or was it the lawyers who ordered the court to stop you ?

It all seems a bit strange they just set out to deny you a hearing but after I read that other link on Robson I think I understand why - because your complaint is probably the most powerful and I assume if it had been discussed in court you could have referred to that when you sue.

Hope you get somwehere with it anyway as this does seem very rough justice against you although you must be used to that by now when it comes to crooked lawyers.

Anonymous said...

Certainly the Law Society do not investigate complaints against Lawyers with any authority.
All too often these complaints are ignored or hung out to dry by the paper chasers for months, even years until they find an excuse not to allow it to proceed
In my own experiences my complaints were passed from committee to committee until they found a sympathetic one to their cause.
They are worse than the Waffen SS

No "justice" under Salmond's corrupt rule said...

Peter Cherbi's brave and tenacious fight for justice for himself over the past 14-plus years has proved beyond any doubt just how crooked, corrupt, incestuous and rotten (to the core) the Scottish "justice" system really is ... though, i have known that for many years just like Peter has. And it will only get worse under an equally corrupt and rotten SNP "government", who are more in bed with the Law Society of Scotland than the last lot were, with MacAskill and Salmond happily approving of and taken part in this orgy with Scotland's lawyers.

There will be no justice for those who have suffered injustice in Scotland with Kenny MacAskill and Alex Salmond ruling Scotland. And to any poor deluded fools who voted in this bunch of heartless and self-serving thugs, who have treated their own people with utter contempt and disdain (when it comes to justice issues especially) since they came to power 11 months ago, i hope you will now realise the BIG mistake you made in doing so.

Messrs MacAskill and Salmond:

"Wisdom, Justice, Compassion, Integrity" are the words inscribed on the Mace at Holyrood. So long as you both do nothing about the many injustices happening in Scotland today (and i could cite many that i know you are personally aware of) you are hypocrites to sit in the parliament as you do.

Scotland under your "Scottish Nasty / Nazi Party" is fast proving itself to be the Zimbabwe of Europe when it comes to "justice" and you are both accessories to all that injustice in Scotland today.

Quite sickening and disgusting behaviour by these two crooked, self-serving autocrats who are intent on ruling Scotland with an iron fist ... and who have clearly now been corrupted by the trappings of power - corrupts and absolute power corrupts ... absolutely.

All the very best Peter - and i sincerely hope you can one day find true justice and peace of mind for what happened to your mother and family over the past 14-plus years ... you deserve it for all your tireless efforts and for trying to help others as you do ... one of life's good guys i say ... unlike the Laurel and Hardy, the Court Jester and King, who currently run Scotland!

Anonymous said...

Had dealings with Reid before.Not surprised in the least how you were treated.

Make a complaint to the Law Society just to see how they protect him and publicise the whole thing.I may have a picture of him I can send you for publishing if you like.

Anonymous said...

Oh yes, no big surprise to me either.
You have caught Reid though with the emails no doubt about it so if you file a complaint who will you give it to because the Law Society cant investigate itself and if Reid was taking orders from them which I assume he must have been as he was their Fiscal they can't investigate him either.

Sounds criminal to me and definitely agree with the comment that says its perjury.

Keep up the fight Mr Cherbi and get this lot please.

Anonymous said...

Clearly the Law Society persuaded the court not to allow Mr Cherbi a hearing.Disgraceful discrimination which will happen to more than him.

Isn't it about time people took a stand against this.I mean really did something to get some huge headlines?

Peter Cherbi said...

#Anonymous @ 6.29pm

Yes, a good idea, I might just do that.

#Anonymous @ 6.52pm

I think that's been done, well almost !

#Anonymous @ 7.10pm

Just all part of the hate campaign by the Law Society against me and anyone else who takes issue with them.

#Use a lawyer and lose your life @ 8.07pm

Yes, a set up from the very start - a good description of the entire case, and the way the Law Society investigated Michael Robson.

#Anonymous @ 11.15pm

The court and the Law Society made sure I was not able to give my statement on Mr Robson, under the direction of the Law Society, whom they are all members of anyway.

#Anonymous @ 12.12pm

Yes, I agree with you entirely. This shows the Law Society has not been fit for purpose for years, probably all the time it has regulated complaints against lawyers.

#no justice under Salmond's corrupt.... @3.29pm

I agree with you entirely, and thanks for your wishes.

There are many more of course, who have fought to resolve their injustice, not made famous by the newspapers such as myself.

I would call on the media please, to have a sympathetic ear to people who are genuinely suffering injustice in Scotland.

Please, journalists, listen to these stories and expose the injustice which leaves peoples lives ruined and held in misery when the power to resolve their problems is but a phone call away for some in the political world ...

#Anonymous @ 6.59pm

I would be interested to hear more of your dealings with Mr Reid ...

#Anonymous @ 10.38pm

I will try, thanks ...

#Anonymous @ 11.36pm

Yes, I agree and as I said before, what happened is but a typical example of the prejudice and sheer hate the Law Society feels against me for exposing their wrongdoing over the years - many more get the same treatment though ... and while I don't know what you have in mind by taking a stand against this ... I do sense that people are getting tired of being treated like this ...

Anonymous said...

Yes, a brave fight Mr Cherbi and from what I read and hear you have helped many many people.I applaud you for that.

I sense however despite the many powerful stories you write nothing much changes in Scotland and that seems to be reflected in many of those who make comment on your postings.

If a country's justice system is unjust and cannot be changed because of the sheer scale of corruption,perhaps people should think about leaving that country and others should avoid doing business with it.

I for one shall not touch Scotland's legal services market with a barge pole and would heartily advise anyone who asked me to do the same.

Good luck Mr Cherbi and to those you help and those who suffer.

No "justice" under Salmond's corrupt rule said...

# Anonymous @ 7:24pm

I agree with every word you write about Peter and “the sheer scale of corruption” within Scotland’s “justice” system … all overseen and approved of by Messrs Salmond and MacAskill of course, who are obviously as corrupt as they come.

If someone as smart and prolific a writer as Peter can’t change things for the good of the people of Scotland as he hoped (especially to end the self-serving, self-protective, self-regulation of the legal “profession” in Scotland), and obtain proper justice in his case, then what chance ordinary Joe Public who aren’t as learned and tenacious as he undoubtedly is?

It is perhaps appropriate on the 40th anniversary of the assassination of Martin Luther King to end with this thought based on one of his many famous quotes:

If "Injustice anywhere is a threat to justice everywhere", then are we to now conclude that Salmond and MacAskill are indeed a threat to justice everywhere? ... and should therefore be unceremoniously kicked out of office at the earliest opportunity by the people of Scotland.

Waken up people of Scotland (especially all those out there who have suffered, and are still suffering, injustice) and show both these crooks and their Scottish Nazi Party the door at the earliest opportunity. They will NEVER help you when it comes to injustice issues … as I, Peter and many others out there can now testify and prove beyond any doubt.

Previous posting:

http://petercherbi.blogspot.com/2008/04/revelations-in-court-of-session-appeal.html?showComment=1207146540000#c7351223886298481309

GM Davidson said...

looks like either the law society or reid was stringing you along on the affidavit all along and the court did their bit to stop you from speaking

i'm sure it happens to plenty others though - its just we don't get to hear about it or they probably don't find out where you did !

Anonymous said...

Your report as interesting as ever on the Robson saga but what happened to your 'affidavit' is all too common,particularly in complaints before the SSDT where presenting client's statements or even attendance is actively discouraged or even prohibited.

Anonymous said...

The suggestion that the grass is any greener outside Scotland is flawed.

The rule of Law is not guaranteed anywhere, it always has, and always will have to be defended daily by those who care for it.

Anonymous said...

# Anonymous @ 11:27pm

Yes, and MacAskill and Salmond "care for it" very well, don't you agree?

Anonymous said...

To the person who made this comment "The rule of Law is not guaranteed anywhere, it always has, and always will have to be defended daily by those who care for it."

You must be talking about people such as Cherbi,right? because I don't see any lawyers getting off their fat wallets to "care for the law".Who exactly "cares for the law" when the law allows people to be harangued to death by the very people who either enforce the law or use it to make money?

List of people please who "care for the law" and lets see how they have done so far?

Anonymous said...

After reading this story on how they let Robson off the hook and stopped Cherbi from talking about him I don't think there is anyone who cares for the law anywhere and CERTAINLY NOT in Scotland.

Anonymous said...

To suggest that my observation can be read to mean that those responsible for the abuses listed on this site care for the law is perverse.

The rule of law is not guaranteed anywhere, it has to be enforced and defended daily everywhere. The idea that one will find a country outside Scotland where laws are not broken or due process abused daily is unrealistic. Therefore, to all those who would simply leave, instead stay and protest against the wrongs clearly identified by Mr Cherbi and others.