Law Society refused to confirm whether victims of Valerie MacAdam had been repaid. A SOLICITOR who was jailed for three years in 2008 at Edinburgh Sheriff Court after being found guilty of embezzling £130,000 of client funds has returned to Scotland’s legal services marketplace with a will writing business, according to an investigation carried out by the Sunday Mail newspaper.
Valerie Macadam, now Valerie Penny has been identified as running the “wills at home” website, which states : “A new service is available! After a successful career as a lawyer, Valerie Penny lectured in law for several years. She then moved to the traditional Craft Town of West Kilbride six months ago having married local man, David Penny. She has now established a new business that will be of use to the whole community.”
The website goes onto state : “The firm also offers preparation of documents in the comfort of clients own homes or another convenient place of their choosing. This is much more relaxed and personal, but no less professional than the service conventionally provided in an office environment. Clients are ensured not only confidentiality, but also safe keeping of deeds as documents are retained in a secure document safe.”
There is no mention on the wills at home website of Ms Penny's colourful history as a lawyer, nor are clients alerted to her conviction & three year jail sentence, which the Journalonline reported “was reduced from four years for an early guilty plea. Macadam took money from the bank accounts of clients and life savings of others as she handled their wills, stealing from five clients in total over a period of six years. Macadam had been banned from practising as a solicitor in 2004 following a Law Society of Scotland investigation.
Philip Yelland, the Law Society of Scotland’s Director of Regulation for over 20 years. Philip Yelland, the Law Society of Scotland’s director of standards, said: “The Law Society of Scotland acted to protect the firm’s clients and Ms Macadam has not been able to practise as a solicitor in Scotland since 2004. Solicitors are trusted to handle millions of pounds of client funds each year. Honesty and integrity are absolutely paramount within the solicitors' profession. Those who are suspected of stealing from clients will be investigated and, if they are found to be acting dishonestly or fraudulently, strong action will be taken against them, both by the Society and the courts.”
What a lot of rubbish Mr Yelland. You may as well have sent all her clients off to Andrew Penman at Stormonth Darling in Kelso to be fleeced again.
I covered Valerie Macadam’s conviction and side issues relating to solicitors ripping off clients for double fees in an article during late 2008, here : Lawyers stealing from clients to earn 'double fees' while Law Society looks the other way in vast network of legal aid fraud & embezzlement
The report from the Sunday Mail follows, although I feel I should emphasise some points to my own readers. The lawyer quoted in the Sunday Mail’s story, Bruce de Wert, who is an “Honorary Sheriff” and runs a will writing business (Scottwills) along with a divorce business (MyScottishDivorce) states : "When you deal with a solicitor, you will normally find they also offer a will storage service - usually for free. But the difference is solicitors are heavily regulated and, in the event they were to retire or go out of business, the Law Society ensures these wills are properly passed on to another solicitor."
Many solicitors actually charge for holding wills & documents. I know this to be the case as I’ve had fee notes for this service. I have also had numerous readers come to me with examples of similar fee notes, with some solicitors occasionally refusing to hand over documents they are holding for clients until very dubious & usually very high charges and fee demands are paid.
The part about solicitors being heavily regulated is of course irrelevant because as we all know, solicitors are ineffectually regulated by the Law Society of Scotland & Scottish Legal Complaints Commission, and that is why I have seen & reported on hundreds of cases of will fraud by solicitors over many years. If solicitors were so well regulated, I wouldn't be able to write about such cases, and of course, if solicitors were so well regulated, there wouldn't be so many Andrew Penmans out there doing much the same as those featuring in headline after headline after headline.
Personally of course, I don't believe anyone should make tens of thousands of pounds out of a family member passing on their final wishes to their family or whoever they choose to leave their wealth.
After being dragged through the Law Society’s sinister complaints practices, and having a solicitor and an accountant basically put a gun to my family’s head, hound us for years, harass us, follow us, threaten us, make our lives a misery while they both got away with it, I am of course bound to say this, but I say it because I don't want anyone else to go through it, so be careful who you trust your will to, and indeed for that, all your legal interests and remember, there are just as many criminals still inside the Scottish legal profession who will ruin your will & your legal interests, as those outside who might not be telling their clients all they need to hear.
For those readers concerned about their wills and other documents being held by their solicitors, I have written articles which readers might be interested in HERE
The regulation of will writers has entered into law as part of the Scottish Government’s Legal Services (Scotland) Act 2010 (pdf) Chapter Two specifically referring to regulation, and it may come as no surprise to all, the Law Society of Scotland is in the frame to regulate non-lawyer will writers, as I featured earlier, here : Scottish Government plan to regulate non-lawyer 'will writers' may see Law Society regulate all complaints against mishandled wills, legal business
I recently covered the subject of will writers, lawyer & non-lawyer, and their lack of effective regulation, here : R.I.P. OFF : Lack of independent regulation reveals solicitors, accountants & will writers should not be trusted on wills, final wishes & bequests
Now over to the Sunday Mail :
Shamed lawyer who robbed clients out of jail and back in business
Nov 28 2010 Exclusive by Russell Findlay and Lauren Crooks, Sunday Mail
A CROOKED lawyer jailed for stealing money from dead clients is back in business, we can reveal.
Valerie Penny, 54, runs a slick website to lure customers into handing over £80 for wills. She is selling the same legal services she used to steal £130,000 from clients and their estates - a catalogue of dishonesty that landed her in prison.
The struck-off solicitor, who was called Macadam before her marriage, boasts of her "successful career". But she makes no mention of her jail time for robbing clients' cash or her shocking record of professional misconduct.
Last week Sunday Mail investigators caught her back in action touting wills and other legal services.
US-born Penny, who has practised law in Scotland and New York, was jailed for three years in December 2008 for stealing £130,000 from clients, some of whom were dead. She seized control of their finances through "power of attorney", then syphoned their life savings over a six-year period. She specialised in conveyancing and wills at her law firm in Edinburgh's posh Charlotte Square before her crime spree was uncovered.
After being freed from Cornton Vale prison in June, Penny launched Wills at Home from her house in West Kilbride, Ayrshire. She and second husband David, 50, a nuclear power station security guard, sell wills and power of attorney documents through online ads.
Her website states: "After a successful career as a lawyer, Valerie Penny lectured in law for several years. "North Ayrshire is the first area in Scotland to have the benefit of Wills at Home but Valerie plans to extend the service throughout the country quickly."
Last week Penny and her husband met our reporters - posing as a couple - at a Kilmarnock hotel and offered two wills for £120. After making and printing the first will, she said: "Now do you have somewhere fireproof to keep the wills? No, well, we have a safe. We can keep them there if you're happy for us to do that. It's what normally happens."
She handed a copy of one will to our team but forgot to print the second. She promised: "I'll send it to you. Are you wanting to pay cash? If we're holding the deeds, there's a small extra charge of £15 per deed. But if you're paying cash, we can make it £140 instead of £150."
The Scottish Government are set to pass a new law to tackle the unregulated will industry.
Lawyer Bruce de Wert, a wills expert based in Wick, was stunned at our revelations about Penny. He said: "I am distressed to hear a convicted embezzler is offering a will-making and storage service.
"I can't imagine anyone who knew her background would accept her service. Apart from the obvious concerns of dealing with a criminal, I do worry that the wills she has produced may never be found.
"When you deal with a solicitor, you will normally find they also offer a will storage service - usually for free. But the difference is solicitors are heavily regulated and, in the event they were to retire or go out of business, the Law Society ensures these wills are properly passed on to another solicitor."
Penny first appeared in front of the Scottish Solicitors' Discipline Tribunal in 2003, which found her guilty of a catalogue of misconduct but failed to strike her off. Two years later she was finally kicked out of the profession for another long litany of misconduct.
The SSDT found Penny "deliberately and fraudulently" forged a signature on a document relating to a dead client's will and acted in a "dishonest fashion by misleading" another client. They also said she embezzled client funds in a "calculated and devious scheme".
Penny's entry on the LinkedIn website for professionals had claimed she worked for global financial giant Bank of New York Mellon between November 2008 and May this year. But she was behind bars during that time. The dates were later changed to when she did work for the bank - from May to December 2008, when she was fired. A bank spokesman said: "As soon as we discovered her conviction, we terminated her employment."
At Edinburgh Sheriff Court, Penny accused her first husband, lawyer David Macadam, 54, of driving her to embezzlement by his "bullying". He was also rapped for misconduct by the SSDT in 2004. They ordered that he could only work as a lawyer under supervision for a five-year period.
When confronted last week, Penny said: "This will destroy me. The dates on LinkedIn are a mistake." She then told her husband to snatch the will from our reporter's hands.
21 comments:
At Edinburgh Sheriff Court, Penny accused her first husband, lawyer David Macadam, 54, of driving her to embezzlement by his "bullying". He was also rapped for misconduct by the SSDT in 2004. They ordered that he could only work as a lawyer under supervision for a five-year period.
Penny a lot of women get bullied by men, have little money to buy food & clothes for their kids. They do not resort to stealing, if the Sunday Mail article ruins you I can only say tough. You are not and never will be fit to deal with clients.
creepy and her ex was bent too by the sounds of it
ps your blog is currently on teh front page of blogger lol
I would not trust Phillip Yelland under any circumstances.
Having read your blog for long enough I wouldnt trust any lawyer with my will
Anyone who does is a jerk!
Seriously I'd have to ask what kind of nutter would go for an online service for a power of attorney ?
There are plenty lawyers who are still lawyers even after they rip people off from a will
Legal bill wipes out net assets
IAIN MORSE and SIMON BAIN January 02 2007 (Herald and now the story not on their website)
A leading Edinburgh law firm which charged fees of more than £16,000 to administer an estate with net assets of under £14,000 has had a complaint against it to the Law Society of Scotland rejected.
The complaint was made by widow Dr Kate Forrest, a lecturer in Russian in Edinburgh, against Turcan Connell, the multi-disciplinary firm which prides itself on its “family office”.
Forrest complained that the firm had told her only that it would charge £200 an hour, had entered into unnecessary work, and had failed to give her estimates, or issue itemised bills, despite repeated requests. She claims the firm then gave an undertaking to halt the charges, in a meeting with witnesses at the firm’s office, but this did not materialise.
When the Law Society examined the complaint, it ruled that the meeting could not be taken into account as the firm had no record of it, and it accepted an explanation by managing partner Douglas Connell that the complaint had been based entirely on a “misunderstanding”.
The £16,000 in charges had the effect of more than wiping out any assets in the estate, which had gross assets of £69,574 but debts of £55,731.
The Law Society reported that the firm had “apologised for the oversight” in billing, and that “simple oversight … should not be defined as inadequate professional service”.
In November, Jane Irvine, the Scottish Legal Services Ombudsman, issued a rare public rebuke to the Law Society over its handling of complaints, urging it to “recognise that the consumer age has dawned”.
The evidence regarded as acceptable by the society may be limited only to the files presented by the law firm, though it can order the production of “missing”documents - such as the record of a meeting. If a complaint is rejected by the society, the complainants have recourse to the courts. But this means finding a law firm prepared to act against another firm - which as The Herald has reported can be difficult in Edinburgh - at a minimum cost of several thousand pounds, a considerable disincentive to taking legal action.
Kate Forrest says she is left with no choice but to go to court if she wishes to challenge an outstanding fee in excess of £8000. She says: “For me this would be expensive and risky. I am not rich and they know this very well.”
The Law Society of Scotland said: “A complaint about a fee could be service or conduct as it could result from a breach of a rule if there was no letter of engagement, or IPS (inadequate professional service) if there was insufficient communication about a fee with a client.
“If a client feels a fee is too much then it can be referred to the Auditor of Court who can decide what a reasonable fee might be. Firms may also charge for providing a bill which itemises each letter, phone call, etc, especially if it is for a large volume of work.
“If someone takes a court action against a solicitor then the society is not involved in that process.”
Turcan Connell said: “We care deeply about ensuring that we give every client the best possible service. Our trust and tax experts are among the most proficient in Scotland, and we always strive to protect our clients’ interests and minimise their costs as far as possible.
“Dr Forrest is no longer a client. We resolutely protect the privacy of all current and former clients, and would not make any public comment on an individual’s personal circumstances or relationship with us.”
Clearly the Law Society of Scotland should not be allowed within a mile of regulating will writers - unless of course the SNP et all are happy to see its corrupt monopoly continue and expand.
"Law Society refused to confirm whether victims of Valerie MacAdam had been repaid."
Obviously they weren't repaid then!
Now the Law Society will get another chance to regulate her and do nothing again
A bit like ex cops joining security/loan shark companies and coming round to beat the shit out of people for 1400% weekly interest payments
Funny how they also have lawyers up their sleeve isnt it and no one writes about it?
HINT HINT AND PLEASE PUBLISH THIS COMMENT
A SOLICITOR who was jailed for three years in 2008 at Edinburgh Sheriff Court after being found guilty of embezzling £130,000 of client funds has returned to Scotland’s legal services marketplace with a will writing business, according to an investigation carried out by the Sunday Mail newspaper.
Doesnt surprise me one bit and notice how the Law Society has said nothing about it
Is Mr De Wert worried for the competition?
Has he ever had a complaint against him?
I think we need to know this to balance out the story
Anonymous said...
Seriously I'd have to ask what kind of nutter would go for an online service for a power of attorney ?
2 December 2010 00:40
Precisely !
Clearly the law is inadequate if this can happen.
Even if she has turned over a new leaf which it doesnt really sound like she has at least as far as the Mail story goes I think clients deserve to know the full truth over her past especially with a wills business
When confronted last week, Penny said: "This will destroy me. The dates on LinkedIn are a mistake." She then told her husband to snatch the will from our reporter's hands.
lol!
So will the Law Society act if its now in their power to do something about it?
So much for heavily regulated hahaha
Anonymous said...
When confronted last week, Penny said: "This will destroy me. The dates on LinkedIn are a mistake." She then told her husband to snatch the will from our reporter's hands.
--------------------------------
Penny, honesty dealing with clients is how you protect yourself from being destroyed. Foxes eat Chickens because they are hungry. They do not know they are eating the farmers livelihood.
Lawyers do know it is wrong & illegal to steal. That is the critical difference. You are a victim of your own values, your concern at being destroyed is no surprise to me, what about your concern for your victims ?
The Law Society is like a cohort of gamekeepers that protects poachers.
Penny has been poaching clients funds and she sets up a business to do wills for clients. Clearly the Law Society by condoning this are worse than Penny.
Self regulation and corruption go hand in hand. The Law Society have proved that.
This Law Society, it is rotten run by people unfit to monitor anyone. A Lawyer is convicted of stealing £130 K and they keep quiet about it. How many other lawyers are out there as honest as Penny or the Law Society. The mind boggles?
After a successful career as a lawyer, Valerie Penny lectured in law for several years. She then moved to the traditional Craft Town of West Kilbride six months ago having married local man, David Penny. She has now established a new business that will be of use to the whole community.”
ADVERT INCOMPLETE, SHE WAS CONVICTED OF STEALING £130K AND JAILED. ANYONE WANT VALERIE TO LOOK AFTER THEIR ASSETS, BECAUSE IF IT GOES WRONG THE LAW SOCIETY WILL PROTECT VALERIE, NOT YOU THE CLIENT. THE PROBLEM IS LAWYERS ONLY CARE ABOUT LAWYERS.
YOUR MONEY AND LAWYERS, DANGEROUS MIX.
GOOD ON THE SUNDAY MAIL.
Nov 28 2010 Exclusive by Russell Findlay and Lauren Crooks, Sunday Mail
A CROOKED lawyer jailed for stealing money from dead clients is back in business, we can reveal.
====================================
BUT THE SUNDAY MAIL, THE NEWSPAPER THAT UPHOLDS FREEDOM OF EXPRESSION, by reporting on crooked lawyers.
I dont disagree with this blog!!!
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