Sunday, January 16, 2011

More ‘jobs for the boys’ than action on ‘crooked lawyers’ : What it takes to be a Board Member at the Scottish Legal Complaints Commission

SLCCBoard Members of the do-little Scottish Legal Complaints Commission have record numbers of ‘other jobs’. IT MAY COME as no surprise the Scottish Legal Complaints Commission (SLCC) and the Law Society of Scotland have been busy priming their well-oiled media spin machines for the imminent publication of the SLCC’s latest annual report, which is expected to show the number of complaints have dropped against solicitors in Scotland with the SLCC apparently being left with almost little to do by way of regulating anything past a dog biscuit.

Yet while complaints have dropped, and thumbs are twiddled at the SLCC’s lavish Stamp Office Edinburgh HQ, the SLCC is, as I reported in November 2010 about to attempt to hype itself as being more effective in dealing with complaints against crooked lawyers, than it actually is in reality, adding four new Board Members to its already over-the-top line of quangocrats & lawyers who, in some cases, are currently holding down more than 10 jobs each.

MacAskill tight lippedJustice Secretary Kenny MacAskill will soon announce new additions to SLCC’s expensive expense claiming board. While the new appointments are yet to be officially announced by Justice Secretary Kenny MacAskill in the usual fanfare, according to information seen by Diary of Injustice, the SLCC's now overdue annual report attempts to spin around the real reasons for the fall in complaints against solicitors & law firms, reasons which appear to be mostly due to the financial downturn, with clients being unable to afford to use solicitors, along with a general downturn in property sales, and perhaps a slightly increased willingness on the part of some law firms to discuss & resolve client difficulties before the matter develops into complaint and attracts unwanted media attention, rather than any sudden increase in the standards of legal services offered to consumers in Scotland by legal practitioners.

SLCC RECRUITMENT APPOINTMENTS November 2010Whopping expenses claims by SLCC’s Board Members expected to increase with additional appointments. With the further imminent announcements of the latest appointments to the SLCC’s Board of three ‘non-lawyer’ board members with legal & ‘consumer’ backgrounds at £209+ a day along with one extra lawyer board member to ensure the legal profession continues to have its way against client complaints, it is perhaps fitting to reflect on exactly what it takes to be a Board Member at the Scottish Legal Complaints Commission, along with all that lolly money one can expect by way of expenses claims for ensuring the vast majority of complaints made by members of the public or clients against solicitors & law firms which operate in Scotland’s notoriously hugely expensive yet poor quality legal services market succumb to the same whitewash treatment typical of the Law Society of Scotland’s tenure as self regulator of lawyers in Scotland, a tenure which has led to thousands of financially ruined clients while even the most negligent solicitors (in some cases with criminal records) remaining in practice, unbeknown to their clients …

Jane Irvine

Jane Irvine
• Immediate past Scottish Legal Services Ombudsman.
• Professional contact with solicitors' firms Burness, Leslie Deans & Co and Allan McDougal.
• Professional contact with advocates Derek O'Carrol and John Campbell QC.
• Director, Daleway LTD.
• Deputy UK Pensions Ombudsman.
• Chair of the Disciplinary Board of the Faculty and Institute of Actuaries (from January 2010).

WATSON 2

Douglas Watson
• Former lay member of a Law Society of Scotland Committee dealing with Access to Legal Information. The role was unpaid.
• A cousin, Bruce Minto, is a partner in Dickson Minto, Solicitors.
• Formerly a Chief Superintendent with Lothian and Borders Police.

Dr Linda Pollock

Dr Linda Pollock
• Executive Nursing Director (1989 -2006).
• Interim Board Nurse Director (2002-2003).
• Chief Nursing Officer’s Professional Advisor on nurse prescribing (2005-6).
• Past External Examiner with Robert Gordon’s University and Queen Margaret University.
• Research Honorary Fellow in the Social Science Faculty of Edinburgh University.
• Formerly, a part time nurse member of the Mental Welfare Commission (1997- 2005).
• Currently, working as a Primary Care Consultant, undertaking research work commissioned by the Queen’s Nursing Institute in Scotland.
• Registrant member of the Nursing and Midwifery Council Appointments Board.
• Member of the Royal College of Nursing.
• Dr Pollock has a track record of authorship and chapter contributions in professional books, and continues to write articles in nursing journals.
• Board Member of the Accounts Commission (from 1st October for three years).
• Chair to a UK-wide Advisory Board with Pain Concern (from Jan 2010).

georgeirving

George L Irving CBE
• Director of Social Work North Ayrshire Council 1999-2000. • Chair of Ayrshire Council on Alcohol.
• Ex-President of the Association of Directors of Social Work (Scotland).
• Chair of NHS Ayrshire and Arran from 2001-2006.
• Led the National Support Team, Management of Offenders 2005-2007.
• Visiting Professor to Glasgow Caledonian University School of Health.
• Fellow of the Royal Society of Medicine.
• Fellow of the Royal Society of Arts.
• Member of the Rotary Club of Alloway.
• Member of the Scottish Criminal Cases Review Commission.

Ian Gordon

Ian Gordon OBE, QPM, LL.B (Hons)
• Convener of the Standards Commission for Scotland (from 1 February 2010 for four years).
• Member of the Registration and Conduct Sub Committees of the Scottish Social Services Council. Appointed by the Council on 29 April 2010 for 3 years.
Payment from Scottish Social Services Council.
• Associate Professor in Policing for Charles Sturt University (Australia)
• Director (Trustee) of Blairgowrie and Rattray Regeneration Company (BARRC) Registered Charity – Not remunerated.
• Member of Rotary International
• Retired Deputy Chief Constable of Tayside Police.
• Formerly Chair of the Association of Chief Police Officers in Scotland (ACPOS)
Professional Standards Business Area.
• Formerly Vice-Chair of ACPOS General Policing Business Area.

Margaret Scanlan - Called to the Bars - Sunday Mail  15 March 2009 email

Margaret Scanlan
• Consultant, Russells Gibson McCaffrey, Solicitors.
• Member of the Law Society of Scotland and holder of current practising certificate.
• Husband is a senior partner Russells Gibson McCaffrey.
• Husband is a member of the Law Society of Scotland and holder of current practising certificate.
• Past Chair of the Family Law Association.
• Former member of the Scottish Legal Aid Board.

David Smith SLCC

David Smith
• Member of the Law Society of Scotland.
• Former member/partner of Shepherd and Wedderburn LLP, Solicitors. Retired on 30/04/08.
• Non-Executive Director, Value and Income Trust Plc.
• Wife is a Senator of the College of Justice and a non practising member of the Faculty of Advocates.

David Chaplin SLCC

David Chaplin
• Former member of Anderson Fyfe LLP, Solicitors. Retired on 30/04/08.
• Member of the Law Society of Scotland.
• Director and shareholder in Baliol Properties Limited.

AlanPaterson

Alan Paterson
• Professor of Law and Director of the Centre for Professional Legal Studies at Strathclyde University.
• Research adviser to the Scottish Legal Aid Board.
• Member of the Law Society of Scotland.
• Professional contact with Guild & Guild, Solicitors and McCash & Hunter, LLP.

Master Policy Report Suicides revealedSLCC report on Master Policy revealed clients had committed suicide at the hands of crooked lawyers but still nothing has been done after two years. Having all these second, third & forth jobs appears to have got in the way of the SLCC doing its job, particularly when it comes to monitoring the Law Society of Scotland's Master Policy (the Professional Indemnity Insurance scheme run by the infamous insurers Marsh to cover solicitors negligence), which was revealed by an independent report carried out by Manchester University of Law School to have caused the deaths of clients, simply to ensure lawyers could sleep at night. More on the Master Policy report can be read here : Suicides, illness, broken families and ruined clients reveal true cost of Law Society's Master Policy which 'allows solicitors to sleep at night' and the latest attempt by the SLCC to fulfil its ‘monitoring role’ over the Master Policy adds to its long running failure to attend to its legislated duties, reported here : Law Society's ‘Killer Insurance’ in the dock as solicitor says only way ‘adversarial’ Master Policy will be revealed is if it ends up on Wikileaks

Going on the above evidence, it clearly would take more than 9 people at the SLCC to change a light bulb, never mind attending to consumer expectations of independent regulation of legal services in Scotland and all the safeguards which come with independent regulation, which at least, the English seem to be enjoying via their own Legal Ombudsman, as I reported last October, here : Scots consumers stuck with 'crooked' self-regulation of lawyers as England & Wales go fully independent with new Legal Ombudsman

34 comments:

  1. well well well !

    Jobs for the boys indeed !

    MacAskill will be rushing to appoint a few more buddies before he ends up out of a job !

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  2. How anyone could believe this lot would rule against a lawyer in favour of some poor client is beyond me.
    Just look at all their jobs and affiliations.What a scandal these kind of people have been brought together to supposedly rule over the legal profession.

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  3. Hitler couldn't have chosen a better bunch

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  4. Justice Secretary Kenny MacAskill why do you not put victims of crooked lawyers in the Commission and Law Society? We have the opposite of that just now.

    Macaskill google "crooked lawyers" their you will find complaints and regulation. Dissidents will regulate you criminals, it is never going to happen through the Scottish Parliament.

    If a lawyer was murdered and I was a juror I would want to find the accused not guilty. That is what lawyers do at the Law Society, bury evidence and clear the lawyer leaving the client ruined. A lot of bastards.

    Cathy Jamiesons "Reforming Complaints Handling Building Consumer Confidence" was a crock of bull, MSP's are like Douglas Mill, protective of the legal establishment.

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  5. Mr MacAskill a fair and balanced question. What would you do if you were in Mr Cherbi's shoes?

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  6. These people have far too many jobs to be worrying about lawyers ripping people off which is probably why the SLCC has done sod all

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  7. Justice Secretary Kenny MacAskill will soon announce new additions to SLCC’s expensive expense claiming board. Not one lawyer prosecuted since October 2008, they are doing MacAskill's work alright.

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  8. Justice Secretary Kenny MacAskill will soon announce new additions to SLCC’s expensive expense claiming board. Not one lawyer prosecuted since October 2008, they are doing MacAskill's work alright.

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  9. First comment "MacAskill will be rushing to appoint a few more buddies before he ends up out of a job "

    MY SENTIMENTS EXACTLY

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  10. Peter I note the title of this posting but remember this. Thousands of people would not know what is happening here is it was not for people like you. The corrupt never say you are mendacious, they cannot, that is why they hate you because they cannot prosecute you.

    You must have posted at least 600 of my comments on your blog by now. That is what they cannot stomach, free speech and expression. What was incredulous for me was an earlier posting of yours, the quote from a lawyer was something like "you can report on lawyers as long as it is favourable to the profession". He was referring to the press. Was he on drugs? Yes the drug called self regulation that leads these people to think they are gods, self rightous despots. They are bad people. He might as well have said
    as far as reporting on lawyers is concerned this is a dictatorship. A looney.

    Hannah Arendt (I love her books) spoke of complaining to bureaucrats was the greatest problem creating unrest. I wonder what she would have said about this Commission, that is meant to be independent but has done nothing but protect lawyers since its inception.

    Over and out.

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  11. It pays to be in a few quangos!

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  12. I am a politics student and political theory provides ideas on access to justice.

    What is interesting is the Great Ape project to give rights to our closest relatives in the non human kingdom. These basic rights could stop experimentation etc.

    Back to humans. Rights are non existent where a client wants to sue a crooked lawyer. It is all about who is regarded as important but we clients are fortunate because we have the (logos) free speech the apes do not have.

    Aristotle said man was a political animal because of the logos, through it man could express good evil, right wrong etc.

    Apartheid South Africa, The suffragettes Emiline Pankhurst, dissent renrew politics and it will renew law to in time by crushing the criminallity of the self regulator. Long live the logos because that is what politics is.

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  13. Dissent is vital to freedom. I am sure the Law Society would crush dissent if it could but we would be then be on the periphery of the black hole of totalitarianism.

    Lord Hamilton would be dissenting too if as a client he was a recipient of Law Society justice.
    Humans are mad, the tendancy to disagree is powerful, if we as a race could overcome this what could we achieve? Saving a lawyer because he has a family who will suffer as a result of condemning him leaves a clients family in ruins. How is this justice?

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  14. How do you sleep at night Mr MacAskill?

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  15. Lawyers are omnipotent but not incapable of being defeated. Rise anti lawyer websites, the internet has invincible power. Parliaments need overthrown where tyranny exists in any form.

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  16. Ruin, injury, or pain; your potential reward for trusting a lawyer.

    I cringe when I hear my lawyer is dealing with, then I tell them the web addresses showing what the Law Society does not.

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  17. Anonymous said...

    How anyone could believe this lot would rule against a lawyer in favour of some poor client is beyond me.

    Just look at all their jobs and affiliations. What a scandal these kind of people have been brought together to supposedly rule over the legal profession.

    Peter said the public still do not understand they sit on each others committees to prevent victims of lawyers getting justice. I have warned my friends for 10 years what lawyers are. MacAskill in my opinion detests clients, but it is these poor people who gave him his daily bread. Self regulation is bastards in unity to protect bastards. Their idea of justice is that they are NOT BAD PEOPLE and clients are irrelevant subhumans. ANY MEMBER OF THE PUBLIC THAT TRUSTS A LAWYER IS A FOOL. WE HAVE A CLUB JUST LIKE ANY OTHER CLUB BUT THIS ONE HEADED BY THE LAW SOCIETY OF SCOTLAND IS DIFFERENT. IT RUINS HUMAN LIVES AND THEN REWARDS THE BASTARD WHO CAUSED IT. DEATH TO THE SELF REGULATORS.

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  18. Specially selected for their attributes I would imagine ?

    As someone else said who could ever think such people will discipline such fine and respected fellow professionals as lawyers..

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  19. Hmm seems like a good story for the papers if all these people have as many jobs as this so why do the press not want to report it?
    If I was complaining to this bunch I'd bloody well want to know what they were really up to and if they were paying attention to their work which must be hard to do when they have so many other jobs and probably being paid for them!

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  20. Nice one Peter!

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  21. Very interesting what turns up in Google about these private companies and their SLCC board members

    http://www.moneyam.com/shareprice/VIN says "11:01 29/12/2010
    Director Deals - Value And Income Trust P.l.c. (VIN)

    David Smith, Non Executive Director, bought 128 shares in the company on the 22nd December 2010 at a price of 194.00p. The Director now holds 10,289 shares. Story provided by StockMarketWire.com"

    http://www.corporateinformation.com/Company-Snapshot.aspx?cusip=C82661060 says "Business Description:
    Value and Income Trust plc (VIT) is a United Kingdom-based investment trust. It invests in the United Kingdom commercial property and quoted equity markets, in medium and smaller-sized companies. VIT invests in the quoted United Kingdom equities, the United Kingdom commercial property and cash or near cash securities. The investment manager of the Trust is OLIM Limited. "

    http://bizzy.info/uk/companies/baliol_properties_limited/co_no/SC047284/ presumably the one with David Chaplin says "Baliol Properties Limited
    Registered address:
    10 West Chapelton Crescent, Bearsden, Glasgow, G61 2DE UNITED KINGDOM
    Development & sell real estate
    Registration Number: SC047284
    Incorporation Date: 27 February 1970
    Size Indicator: SMALL
    Last full Members list: 31 December 2007
    Last Accounts filed up to: 31 May 2007
    Accounting Reference Date: 31-05"

    http://edinburgh.enquira.co.uk/legal-finance/legal-services/daleway-ltd-l939.html says Daleway Ltd (presumably Jane Irvine) "Daleway Ltd.





    Address: 22 Alva Street
    City: Edinburgh
    Postcode: EH2 4PY
    0131-225-4887

    Daleway Ltd. is listed under the Legal Services category and is located in Edinburgh, Midlothian. "
    and also http://ukdata.com/company/SC176470/DALEWAY-LIMITED "Registered Office
    5 CUMIN PLACE, EDINBURGH, , , EH9 2JX, UNITED KINGDOM
    Telephone Number Click here to search for a telephone number
    Incorporation Date 17-06-1997
    Category 70120 | Buying and selling of own real estate
    Last Accounts Filed up to 30-11-2009
    Accounts Type Total Exemption Small
    Status Active"

    seems to me looking after clients of crooked lawyers is coming a very poor 2nd 3rd or 4th to jobs for the boys and girls at the SLCC!

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  22. A few more members of Scotlands legal mafia. Royal Sun Alliance pot of gold will keep getting bigger with this lot in charge.

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  23. I suspect many within the profession would be as happy as you to see the back of the SLCC.

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  24. The JournalOnline claimed Jane Irvine "is a director of Resolutions (Scotland) Ltd, which provides decisions and mediation services for disputes in a range of areas including holidays, funerals, surveying and financial services. She is also the chairman of the Scottish Branch of the Chartered Institute of Arbitrators.

    She sits on disciplinary boards for the Royal Institution of Chartered Surveyors, the Institute of Chartered Accountants of Scotland, the Institute of Actuaries and the Faculty of Advocates. She has also served on the Local Government Property Commission in Scotland where she dealt with disputes over property ownership between local authorities."

    Check this http://www.journalonline.co.uk/News/1002981.aspx

    Is this the same Resolution Scotland Ltd ? http://www.resolutionscotland.com if so cant find any mention of her there.

    Ian Gordon also shows up plenty along with being a Director of something called "Quaere ltd" which now seems to be out of his register of interests at the SLCC.

    Newspapers where are you lot ?

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  25. Had trouble getting to your blog so it must be very popular today!

    Anyway just to give my own opinion I think we need people a little more focussed on the task at hand when it comes to regulating complaints against lawyers rather than having people with 100 jobs each.Its a reasonable request I think to get someone in who knows what they are doing and can focus on the sole task rather than have all these people with scores of other jobs/duties to keep their minds occupied.

    Needless to say it was probably the Law Society who insisted MacAskill appoint them so he probably had little choice.He might be the Justice Secretary but he's only the Justice Secretary as long as the Law Society say he is and I think that goes for a good few more politicians in Scotland or at London.

    Good luck and keep up the fight!

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  26. I wonder if he bailed from the SLCC before it became the shambles it now is..

    http://www.thelawyer.com/slcc-chief-quits-pre-consultation/132559.article

    SLCC chief quits pre-consultation

    6 May 2008
    Margaret Taylor

    The Scottish Legal Complaints Commission (SLCC) has lost its interim chief executive just as it launches a consultation on its proposed rules.

    The Scottish Legal Complaints Commission (SLCC) has lost its interim chief executive just as it launches a consultation on its proposed rules.

    Richard Smith, a consultant in the Scottish government's justice directorate, has stood down to focus on other projects.

    John Murphy, also a government consultant, will take over until a permanent chief executive is appointed. Murphy will oversee the SLCC launch, which is expected to be up-and-running by October.

    As reported by The Lawyer (21 January), Scottish legal services ombudsman Jane Irvine, who is coordinating the rules consultation, has been appointed to chair the SLCC.

    "The rules will set a baseline that will allow us to develop a process alongside them," she said. "They're as simple as we can make them but they have to be read along with the [Legal Profession and Legal Aid (Scotland) Act 2007]."

    The draft rules cover issues such as the appropriate timing of making a complaint and mediation.

    The SLCC has been set up to deal with service complaints against lawyers, a role filled historically by the Law Society of Scotland, which will continue to deal with complaints relating to lawyers' misconduct while the Faculty of Advocates will do the same for advocates.

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  27. Well of course you will know yourself Peter these 'board members' dont actually do much other than vote on how the organisation is steered or policy matters.Their lack of attentiveness to consumer expectations however begs questioning why the hell they are on the SLCC in the first place and claiming quite a bit in expenses which I note only you have been able (or allowed) to publish.

    I too am left wondering why Scotland's two high brow newspapers have given the SLCC an easy ride so far.Could it be anything to do with the proliferation of positions and the influence which comes with them its board members seem to enjoy?

    Dan

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  28. Indeed there do seem to be many references in Google to the SLCC's board members extra curricular activities.Jolly good for some!

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  29. What qualifies these people to choose whether a client gets justice against a crooked lawyer or not ?

    I too think they have more jobs to worry about than be on this slcc which sounds useless anyway when have we ever heard of a complaints regulator about lawyers which has done any good for anyone ?

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  30. Welcome to the Quango club!

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  31. Needless to say it was probably the Law Society who insisted MacAskill appoint them so he probably had little choice.He might be the Justice Secretary but he's only the Justice Secretary as long as the Law Society say he is and I think that goes for a good few more politicians in Scotland or at London.

    Exactly Law Society runs Scotland while its members ruin clients.
    All equal before the law?

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  32. Very interesting as always Peter.I must admit these people seem not the type many would expect to have anything to do with 'crooked lawyers' unless of course they were put there to do the little you have consistently been able to report they have.

    Good writing.I'm glad we have you to keep us all informed on how the legal profession prop up their self regulation with,dare I say it 'stooges'.

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  33. To the earlier comment at 11.49am

    I agree.As a solicitor I find this is about the only believable law blog from Scotland which takes in a client's perspective.The remainder seem to paint a picture contrary even to Lord Gill's critical study of the civil justice system which Peter wisely and constantly features in his write ups.

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  34. Is this a complaints agency or a jobs agency ?

    Little wonder this SLCC has no credibility whatsoever

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