Petitions Committee raised questions over high profile Law Society resignation. CLAIMS from a leading lawyer the Law Society of Scotland has “a fundamental dishonesty at its core” which were made by former Glasgow Bar Association (GBA) President John McGovern who spectacularly resigned last week from the ruling Council of the Law Society of Scotland, have been raised at the Scottish Parliament’s Petitions Committee who are currently considering a petition Petition PE1388, which calls for the repeal of the Solicitors (Scotland) Act 1980 and an end to lawyers investigating complaints against themselves.
Scottish Law Reporter’s report on McGovern resignation amid Law Society dishonesty claims. It was reported earlier this week by Scottish Law Reporter, quoting reports from the independent law publication “The Firm” that former GBA President John McGovern had resigned from the Law Society of Scotland’s Council after a string of disagreements with the Law Society on everything from alternative business structures to the Society’s role over representation of solicitors & complaints handling. Mr McGovern apparently accused the Law Society of being “fundamentally dishonest at its core”, something many individuals from clients to journalists to politicians who have come into contact with the Law Society over regulation issues, have known for years.
According to Scottish Law Reporter, The Firm’s website reported on the 16th February 2011 : “John McGovern, the former President of the Glasgow Bar Association and Law Society Council member for Glasgow and Strathkelvin resigned from the Law Society Council last night, claiming the Society has "a fundamental dishonesty at its core". He has resigned with immediate effect.”
The report goes onto say : “McGovern, who was elected to Council in May last year, has been critical of the Society's policy on ABS, and has campaigned against the dual functions of representation and regulation being vested in the Society, amongst other issues.”
The Herald newspaper reported on a possible legal challenge to the Law Society’s authority. A few days later in the in the Herald newspaper on 18 February, it was reported the Glasgow Bar Association may mount a legal challenge to the Law Society’s requirements solicitors be a member before they can practice law and within the Herald’s story, David O’Hagan, a former president of the GBA was quoted as saying : “The credibility of the Law Society as a representative body is now at rock bottom for many Glasgow solicitors. The GBA are now actively looking at a legal challenge to end compulsory membership of the society and with a view to setting up their own independent representative body for its members.”.
However, any hope the GBA might strike a blow for consumer protection seems to have ebbed away by the time the papers reported the story, after a spokesman for the Glasgow Bar Association, also quoted in the Herald story said : “We have no problem with the Law Society’s regulatory role – we just don’t think it should represent us as well.”
So it would appear while the Glasgow Bar Association may not be happy their solicitors must be members of the Law Society of Scotland to practice, the GBA happily accepts the Law Society’s highly prejudicial anti-consumer role over regulation of complaints, where lawyers investigate their own colleagues. If Mr McGovern’s reported claims of dishonesty at the Law Society are to be believed, this amounts to a clear case of double standards or perhaps do as I say, not as I do.
After the lurid headlines where clearly it seems to have been acknowledged from within the ever self-interested legal profession itself the Law Society is indeed, rotten to the core, campaigners who have lodged a petition at the Scottish Parliament calling for the repeal of the Solicitors (Scotland) Act 1980, the legislation which gives the Law Society of Scotland powers to self-regulate complaints against its own members, drew the now very public argument between the Glasgow Bar Association & the Law Society to the attention of MSPs, who raised the issue at this week’s Petitions Committee meeting.
Petition PE1388 : John Wilson MSP raised issue of lurid headlines over Law Society resignation at Holyrood’s Petitions Committee (click image to view video)
As the debate proceeded, there was an initial attempt to close the petition by Bill Butler MSP (Scottish Labour), who felt the Scottish Government would not budge from their position of refusing to repeal the Solicitors (Scotland) Act 1980, due to the “very precise terms of the petition”,
Another member of the Petitions Committee, John Wilson MSP (SNP) then raised the very public reports of John McGovern’s resignation saying he “.. thought it might be worthwhile writing to the Government seeking its views on the resignation of the individual and the headlines which were associated with that resignation, should raise concern with many people because of the allegations that have been made”
John Wilson continued : “I would like to continue this petition and ask the Scottish Government what action or what its views are in relation to the public statements made by a leading member of the Glasgow Bar Association in relation to this issue because clearly the petitioner has raised a number of issues and the Scottish Government have responded to the petitioner but given the situation in the last week in terms of the public statements that have been made I think there is a need to continue this petition and seek assurances from the government that they are looking into this matter and in particular the allegations that have been made by the individual who resigned.”
Bill Butler commented after hearing John Wilson’s comments he had no objection to the petition being continued in the terms which Mr Wilson had described. Petitions Committee Convener, Rhona Brankin MSP then asked that a prompt response be obtained by email from the Scottish Government, who duly obliged with a letter dated the next day, 23 February.
In the words of a Holyrood insider who passed a copy of the [now published] Scottish Government’s response to Diary of Injustice, Justice Department officials have apparently misled the Petitions Committee over the resignation of Mr McGovern, withholding any mention of media reports directly mentioning Mr McGovern’s claim the Law Society had “a fundamental dishonesty at its core”.
Scottish Government letter omitted the now very public allegations the Law Society are dishonest, claimed regulation of crooked lawyers is robust ! The Scottish Government’s response to the Petitions Committee, signed by Jill Clark from the Legal System Division, states : “We understand that Mr McGovern has stood down from the Law Society’s Council and not the Law Society itself. According to press reports this was because he was unhappy with the society’s role in negotiating legal aid fees. Mr McGovern has obviously made a personal decision and the Scottish Government has no comment to offer on the reported reasons for his resignation. It is not clear why this resignation would have any implications for our position on this petition. The Scottish Government is of the view that there is a robust system of regulation in place for the legal profession and that our position remains as set out in our earlier reply of 1 February 2011.”
The insider, speaking to Diary of Injustice accused the SNP controlled Scottish Government of being afraid of the Law Society. He said : “The Scottish Executive is afraid to tackle any allegation the Law Society is dishonest, as the Executive relies on the Law Society’s help over a wide range of legal issues and cannot afford to upset its Council or raise any doubt over the Society’s powers of regulation.”
A legal reform campaigner speaking on the issue of the petition earlier today called for the Justice Secretary Kenny MacAskill to be brought before the Parliament’s Petitions Committee and answer questions on the role of the Law Society of Scotland.
He said : “The Justice Secretary Kenny MacAskill should be made to appear before the Petitions Committee and submit to proper questioning on just why the Law Society should have these special laws which control how lawyers can investigate themselves at the expense of their clients and the rest of us.”
He continued : “It is just not fair what is going on with the Law Society and these MSPs know it full well. Its time the Justice Secretary himself stands up and justifies this claim of robust regulation which is just nonsense.”
It would certainly be interesting to see how Mr MacAskill manages to answer in public just how robust the Law Society of Scotland is when it comes to regulation of the legal profession. He could also answer just why there is so much corruption within the Law Society, which his Cabinet colleague, John Swinney did an excellent job of bringing into the public domain, over four years ago.
To answer Mr McGovern’s claim simply, does the Law Society of Scotland have “a fundamental dishonesty at its core” ?
The answer of course, is “Yes”. Will Mr MacAskill admit such a thing ? I doubt it, even though most of us (including some solicitors) already know how dishonest the Law Society of Scotland really is.
Justice never sleeps?
ReplyDeleteOh well we knew it all along (the Law Society are a shower of B*stards!)
So once again the Herald is 'economical with the truth', making no mention of the important quote from Mr McGovern in its article about the Law Society's ;fundamental dishonesty'. Clearly the Herald feels some things are best kept hidden - no wonder its circulation fugures have fallen off a cliff.
ReplyDeleteThe response by the Scottish Government is similarly evasive, and while there is no doubt that McAskill should be questioned on this in Parliament one must ask why the deafening silence from John Swinney - too fond of the perks of a cabinet position perhaps?
Good article as ever Peter.
ReplyDeleteNot to worry my friend. Only another 3 short weeks until this Parliament dissolves on Tuesday 22 March and 9 weeks until the SNP, MacASSkill and King Alex no more - or so we all hope.
MacASSkill is, as we all know Peter, as croooked and corrupt as they come - and the chief protector of Scotland's 10,000 lawyers ... and hater of us "Malcontents" and Scotland's 5,200,000 ordinary souls ... especially those who have been shafted by his very corrupt legal "profession" and his crony lawyer chums.
I even hear he covers up horrendous abuse, neglect, cruelty and ill-treatment cases and buries the evidence ("under lock and key") in his constituency office at 16a Willowbrae Road in Edinburgh. What a s*****g indeed.
Kenny MacAskill, Alex Salmond and the SNP OUT ...
http://petercherbi.blogspot.com/2011/02/holyrood-msps-their-queasy-feelings.html?showComment=1298147580081#c5393348876167069362
I am afraid that Scotland is all petitioned out now and the committee members in the video displayed a profound nervousness with flickering eyes, making movements to their notes with pens but not actually writing anything down and all heads shamefully hung.
ReplyDeleteCampaign on the streets it is the only way or would you rather they robbed and took the piss out of us for another year?
So if these lawyers are serious about doing something they should go to the parliament and speak up for the petition or shut up!
ReplyDeleteWhat a shower that lot of msps are !!!
ReplyDeleteWhy didnt they mention all this about John McGovern claiming the Law Society are dishonest at its core ????
If its been in the papers already surely one of them could have said it out loud ????
To answer Mr McGovern’s claim simply, does the Law Society of Scotland have “a fundamental dishonesty at its core” ?
ReplyDeleteThe answer of course, is “Yes”.
Given you have been saying this for years its taken Mr McGovern a long time to admit it.
Keep up the stirring Peter.I think you are having an excellent effect on these miscreants !
The answer of course, is “Yes”. Will Mr MacAskill admit such a thing ? I doubt it, even though most of us (including some solicitors) already know how dishonest the Law Society of Scotland really is.
ReplyDeleteSome Justice Minister?
I am afraid that Scotland is all petitioned out and the committees body language said it all with nervous flickering eye movements, heads shamefully hung and erratic pen movements over their notes but don't actually write anything. They are clearly taking the piss so it is time to take the campaigne to the streets because it looks like the people in Scotland are not even worth a proper explanation of why they are happy for the crooked bastards to audit crooked bastards.and find nothing wrong with the serious complaints made against them.
ReplyDeleteShort & sweet from the Justice Minister's lackeys basically telling the msps to shut down the petition.Little wonder the Law Society gets away with being criminal to anyone unfortunate to deal with it
ReplyDeleteI have to say from watching your movie clip and then reading the Scottish Govt's letter it looks to me like the debate is staged.
ReplyDelete1.Did Bill Butler hide himself all week while the Herald were running huge headlines the Law Society was facing a legal challenge and then act surprised when John Wilson brought it up at the meeting ?
Very poor performance Mr Butler.
2.Why did Mr Wilson not go the whole way and mention what McGovern is reported to have said (the fundamental dishonesty part) about the Law Society.
3.How did Nigel Don manage to stay silent this time on a matter where his boss Mr MacAskill holds so close to his own heart ?
4.Why is everyone at the committee looking rather shifty when their faces appear in the clip ?
5.The Scottish Government letter begins with thanking the Committee for their letter yet the Convener closes the debate asking the Scottish Government be emailed ? Is it a letter or an email with a letter ?
6.The Scottish Government reply dated the day after the committee meets looks like it was written before the debate even took place !
Question : How many strings can the Law Society pull at once ?
Answer : As many as it takes to survive !
4.Why is everyone at the committee looking rather shifty when their faces appear in the clip ?
ReplyDeletePoliticians would lie to their mothers so dont expect any of them to tell you the truth!
Re the 2nd comment, some might describe the Herald's 'reporting' as lying by omission.
ReplyDeleteDid any of these individuals look in any way like they wanted to be at that meeting and if not what are we actually paying them for.
ReplyDeleteI think that the polling stations we use for voting all over Scotland should be opened so that solicitors can be allowed to make an honest vote without any intimidation from the LSS with regards to the abolition of self regulation.
http://www.bbc.co.uk/news/health-12557777
ReplyDeleteFlaws in the government's Health and Social Care Bill could threaten the confidentiality of patient records, doctors' leaders have warned.
The British Medical Association says there are "serious concerns" about clauses in the bill on information sharing in a reshaped NHS.
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Well BMA in my experience doctors who lie in medical records are protected by NHS Primary Care Managers and I have documents from the NHS Complaints Process called Local Resolution which prove that other patients are not told about dishonest doctors.
There was something in the Herald yesterday related to this so the msps better do something instead of just trying to shut it down for a Law Society favour
ReplyDeleteWhich is more crooked the parliament or the law society?
ReplyDeleteLaw Society Evil is only possible because our so called MSP's condone it. Do not only blame the lawyers look at the bastards who will want your votes.
ReplyDeleteAnonymous said...
ReplyDeleteWhich is more crooked the parliament or the law society?
27 February 2011 20:33
BOTH AS CROOKED AS EACH OTHER !!!
Yes Peter you have been saying (along with providing plenty proof) the Law Society is dishonest for years so why has it taken so long for one of their own to admit it?
ReplyDeleteIts clearly a case of now their own heads are on the block its all coming out!
Without doubt there is a lot of territory marking going off here and this committee dont want to step on the Law Society's toes.
ReplyDeleteI too think MacAskill should appear and answer for his legal colleagues sins which he seems to support
There should be a fully independent inquiry into the Law Society and regulation of the legal profession but the problem is who is independent enough to carry it out ?
ReplyDeleteCertainly not these msps or anyone in Scottish society or connected to the legal establishment !
THE SCOTTISH LEGAL COMPLAINTS COMMISSION ARE AS FUNDAMENTALLY DISHONEST AS THE LAW SOCIETY IS
ReplyDeleteAm I correct in saying this committe meets tomorrow?
ReplyDeleteIf so please keep us informed of developments Peter
Thanks for your coverage
Well if this is what passes for 'debate' at the Scottish Parliament I think you guys can do without it !
ReplyDeleteThe bored looking woman sitting next to John Wilson directing her eyes at one point to the ceiling looks like she has another more important engagement to attend too, perhaps with a large cream cake.
ReplyDeleteSorry to take up so much of your time madam?
I'm curious why Bill Butler appears to be so defeatist on this issue when most people who use lawyers think the issue of lawyers covering up for themselves is one which should be debated and put right by our politicians.
ReplyDeleteI suggest to Mr Butler he looks again at all the scandals caused by the Law Society looking after its own and decides its now time for a proper debate on this and let the public speak this time instead of trying to shut us up and shut us out!
Anonymous said...
ReplyDeleteGet your facts right, the Law Society is not a quango and positions on LS committees are unpaid!
7 March 2011 11:57
Oh dear it seems it is you who have not got your facts right Smartass!
How many bungs do these LS committee members get for seeing to it anyone who takes issue with the Law Society ends up face down in a field or cut up outside their own front door?
CORRECT, LAW SOCIETY SCOTTISH MAFIA.
Kenny MacAskill, Alex Salmond and the SNP OUT said...
ReplyDeleteGood article as ever Peter.
Not to worry my friend. Only another 3 short weeks until this Parliament dissolves on Tuesday 22 March and 9 weeks until the SNP, MacASSkill and King Alex no more - or so we all hope.
MacASSkill is, as we all know Peter, as croooked and corrupt as they come - and the chief protector of Scotland's 10,000 lawyers ... and hater of us "Malcontents" and Scotland's 5,200,000 ordinary souls ... especially those who have been shafted by his very corrupt legal "profession" and his crony lawyer chums.
I even hear he covers up horrendous abuse, neglect, cruelty and ill-treatment cases and buries the evidence ("under lock and key") in his constituency office at 16a Willowbrae Road in Edinburgh. What a s*****g indeed.
Kenny MacAskill, Alex Salmond and the SNP OUT ...
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THIS COMMENT IS THE REALITY, SPOT ON.