Friday, April 22, 2011

Law Society‘s ‘Manifesto for vested interests’ : Give public a little legal knowledge, ensure lawyers keep control of access to justice & courts

Law Society of ScotlandLaw Society’s manifesto for lawyers says public should know more about the law, less about those sitting behind a lawyer’s desk. THE current, embattled President of the Law Society of Scotland, Jamie Millar who has been caught up in various arguments with leading west coast lawyers over the manipulative control freak nature of Scotland’s governing body for lawyers yesterday claimed Scots consumers should be given a wider knowledge of the law and how it works, although perhaps not enough knowledge so that consumers might end up choosing not to waste a few thousand pounds with a solicitor, and instead go it alone in courts on small scale legal disputes, thus depriving the legal profession of millions of pounds of lost business.

While making the usual appropriate pre-election noises to catch the attention of msps & political parties hoping to form the next Scottish Government, the Law Society is apparently, keen to keep its “Manifesto for 2011(pdf) in the news, given the upcoming Holyrood elections in a couple of weeks time. The ‘manifesto’, or rather a ‘wish-list’ for the legal profession which covers issues such as :

1. Public knowledge and understanding of the legal system
2. Access to legal services, advice and representation
3. A civil justice system that meets the need of society
4. Good legislation
5. A sustainable economy

On the theme of Public knowledge and understanding of the legal system, the Law Society’s manifesto states it believes it is essential for the Scottish Government to ensure a greater public knowledge and understanding of the legal system. To this end, we propose that :

1. Changes should be made to the curriculum in secondary schools to include a course on law and the legal system and consideration given to the creation of a new secondary school law qualification
2. Each new act of the Scottish Parliament should be accompanied by an information leaflet as well as online information that properly explains the new law and its impact on the citizen

Perhaps unsurprisingly, the Law Society’s plans for making changes to the curriculum in Scotland’s secondary schools will ensure it and various business models attached to the Scottish legal profession will control how law and the legal system is taught in Scotland’s schools.

On the issue of Access to legal services, advice and representation, the Law Society claims in its manifesto that it believes that access to justice remains a key element of a free and fair society, yet in reality, the Law Society of Scotland holds world records for opposing many reforms to Scotland’s legal system, from the raising of small claims ceilings to class actions, and opposing the introduction of independent regulation of legal services even at the point of legal threats to the legislative process in the Scottish Parliament itself.

The Law Society also notably opposed the introduction of McKenzie Friends (lay assistants or courtroom helpers for unrepresented party litigants), which had been kept out of Scotland for some FORTY YEARS by the legal profession, who feared McKenzie Friends would chip away at lawyers dominance of access to the courts.

The Law Society’s proposals on Access to Justice as contained in their manifesto are a jumble of calls for additional reviews of reviews already carried out of Scotland’s antiquated civil justice system. The Society’s proposals, which can be described at best as a delaying game for introducing to Scotland many reforms already in place in England & Wales, state :

1. A review be undertaken into civil litigation costs and funding, similar to the work done by Lord Jackson in England and Wales
2. Any move to withdraw the right to have devolution minutes in criminal cases heard by the United Kingdom Supreme Court be rejected
3. A full audit is made of the compatibility of Scots criminal law with the European Convention on Human Rights, to ensure the mistakes that lead to the Cadder case cannot easily recur
4. Pro bono costs orders, similar to those allowed in England and Wales under s194 of the Legal Services Act 2007, should be introduced in Scotland
5. A review be undertaken into the current arrangements for public interest actions under the legal aid system

On the issue of a civil justice system that meets the need of society, or perhaps the Law Society means, “meets the needs of the Law Society rather than the public”, the Law Society says it believes that urgent changes are required to the civil justice system to make it more efficient and ensure it better meets the needs of a changing society. Yet the many urgent changes proposed by the Law Society have for years, been stifled from introduction by its own members and by Law Society lobbying against reforms.

1. The recommendations made by the review of civil courts by Lord Gill be taken forward, including the separation of civil and criminal cases and the appointment of District Judges to deal with summary crime
2. Specialised sheriffs are introduced and an increase in the threshold for Court of Session cases
3. Compulsory pre action protocols in civil cases be introduced
4. Consideration to be given for ways of incentivising pro bono schemes- perhaps through the tax system
5. A review of the administration of criminal cases and the impact it has generally on the administration of justice

The topic of “Good Legislation” again meets with similar calls for reviews, evaluations & calls for more consultation with the public & of course the legal profession over the passing of legislation. Obviously the Law Society might be worried some new legislation may slip through putting consumer rights ahead of the perceived priority rights of members of the Law Society of Scotland, something the Society could never allow to happen of course.

The Law Society’s proposals on “Good Legislation” are :

1. Parliament legislate only when it is necessary to modernise the law, to comply with decisions of the court or to conform to international obligations
2. A review be undertaken into the Scottish Parliament’s consultation processes, to ensure they match the aspirations of the Consultative Steering Group
3. An evaluation be made of the Scottish statutes and subordinate legislation passed since 1999 and the effectiveness of the legislation
4. A wide ranging review be undertaken of the areas of the law which are appropriate for consolidation and amendment
5. A programme of consolidation and codification be commenced (in those areas of the law identified as appropriate) and for this programme to begin in the first year of the new Parliament

And finally, to cap it all, the topic of “Sustainable Economy” puts the Law Society of Scotland and its members at the heart of (don't laugh) playing “an integral role in Scotland’s future economic success”, presumably by ripping off taxpayer funded legal aid and clients whenever possible.

The Law Society’s ‘Great Scottish rip-off’ proposals on a Sustainable Economy guided forward by the legal profession, state :

1. The Legal Services (Scotland) Act 2010 continues to be viewed as a business opportunity for Scottish firms and for the Scottish Government to press ahead with the necessary implementing regulations
2. Scotland be promoted as a place for international arbitration and for proposals for an international arbitration centre to be a priority
3. Existing powers of the Scottish Parliament and any new powers devolved through the Scotland Bill be used to maximise Scotland’s international competitiveness and economic growth
4. The legal profession be included by the Scottish Government and its agencies in its international economic and business promotion and prioritisation

Speaking in a Press Release to support the Law Society’s Manifesto for 2011, President of the Society, Jamie Millar said: "We heard about some of the practical difficulties this lack of understanding has caused, with the Family Law (Scotland) Act 2006 highlighted as one example of where there appeared to be a poor understanding of the impact of the law on co-habitants. A number of important Bills have been passed during last parliament, such as the including the Domestic Abuse (Scotland) Bill and the Patients Rights (Scotland) Bill. Both of these will have significant impact on citizens and it's important they are aware of the legislation, their rights and most importantly the help available to them.”

He continued : "From those we spoke to, there was a strong feeling that for the legal system to be effective there had to be a better understanding and awareness amongst the general public of how the law and justice system operates not least to try and grow a greater sense of citizenship in our society and our democracy. That is why we have called for this in our manifesto. Public education is not simply a job for government and our parliamentarians however. The Society, as well as the wider legal profession, has an important role to play in partnership with others to increase awareness. The Schools Law Web is one example of where stakeholders have recently come together to successfully provide legal education for schools."

Interestingly, the Law Society had earlier this year, interdicted attempts at the Scottish Parliament to open up the issue of legal education in Scotland’s schools, preventing open debate on suggestions that teachers would be better placed to teach law to kids in schools, rather than costly business models connected to the legal profession itself.

The Law Society’s Press Release went onto claim “A number of political parties have already talked about the importance of providing better information for the public and praised the Society's proposals for the introduction of legal education in secondary schools to build awareness of the justice system and installing citizenship from an early age.”

On this point, Mr Millar said: "Increasing the public's knowledge and understanding of the law would have significant benefits not just for the legal system, but for society as a whole. It is something that we will continue to push for during the election campaign and indeed once a new government is in place."

Sure thing Mr Millar. You could draft in crooked Scottish Borders solicitor Andrew Penman to teach pupils of the importance of falsifying file notes, how to deliberately deceive banks, and the Inland Revenue & mishandle wills, while also sending in John G O'Donnell & Catriona Macfarlane to teach honesty, along with the Legal Defence Union to teach to get out of being held to account for alleged misuse of taxpayer funded legal aid.

So, now readers know what Scotland would look like if it was run by the Law Society of Scotland.

The Law Society’s proposals have been rounded on by consumer groups as little more than an attempt to control the extent of, or even delay many of the reforms already suggested by the Scottish Civil Courts Review, undertaken by the Lord Justice Clerk, Lord Gill, who branded Scotland’s civil justice system a Victorian model unfit for purpose.

Readers can compare the Law Society of Scotland’s Manifesto for 2011with the more detailed & less vested-interest-dominated Civil Courts Review report in pdf format, from the Scottish Courts Website at the following links : Volume 1 Chapter 1 – 9 , Volume 2 Chapter 10 – 15 & Synopsis

My coverage of the Civil Courts Review from its publication to the present, and the pace of reforms to civil justice in Scotland can be found here : Civil Courts Review - The story so far.


Law society the sworn enemy of all clients said...

Law Society’s manifesto for lawyers says public should know more about the law, less about those sitting behind a lawyer’s desk.

Dear Law Society,

Do not concern yourselves. We the victims of your rotten corrupt membership are the public educators.

We warn our friends and families to protect the next generations, we point out the injustice we have suffered not for sympathy. Our sympathy is for future potential clients, the ones future law graduates will want to ruin.

If ignorance of the law is no excuse, what about your membership who are educated in law. Should their punishment not be greater than the people you regard as ignorant uneducated clients. We need your patronising manifesto committments like bullets in our heads.

No servant can serve two masters. You serve your lawyers, we will help clients and potential clients. Mentally I do not think we can get through to you that your strategy is self defeating.

Not wanting clients to know about the lawyers behind desks screams a warning sign to everyone. For your education, wisdom has escaped you. Having a degree (I am a graduate, so what) does not create wisdom. The latter comes from life's experiences.

Lawyers are human rats, and victims of the Law Society are in a life long battle to warn others about you lot. Our education policy is simple, look at what the public say on the websites about trusting lawyers, and draw your own conclusions.

Lawyers are a scourge (excuse the strong views Peter) only victims of the legal profession can warn the public. Every one of you is like Mr Douglas Mill, you will do anything to kill of client complaints. Mill and his cohorts ruined us, our mission is to ruin trust in the profession.

Your complaints system teaches wisdom and make no mistake we will pass it on to everyone we can.

Yours Sincerely

A victim determined to save others from the same fate.

Anonymous said...

Teachers out there, if you want to educate families and kids check out the websites on clients views of lawyers and the Law Society of Scotland.

Google "crooked lawyers" there you will learn what the Law Society do not want you to know.

Lawyers care about two things, money and reputations. Never trust a lawyer with your money and always expect the Law Society of Scotland to protect lawyers reputations.

Peter Cherbi tells the public the real facts. He cuts through the spin.

Anonymous said...

Those who control education especially in legal terms will create a whitewash, an attempt to decieve future generations in a way that is dangerous for those kids.

The Law Society are not fit to have an input on this. Kids do not need to know about the law, they need to know about the criminal element that is the legal establishment in this country.

The Law Society are already educators, they have educated thousands of us. Covering up client abuses has created many members of the public who are spreading the word. The Law Society is a hotbed of corruption and its tenticles spread to every law firm in the country.

Trust these people at your peril.

Law Society said...

The Clients Manifesto

1.Changes should be made to the curriculum in secondary schools to include a course on lawyer corruption and how they use the the legal system to protect each other.

2. Each new act of the Scottish Parliament should be accompanied by an information leaflet as well as online information that properly explains the dangers of trusting lawyers and the devastating impact on clients of the decisions of the Douglas Mill's at the Law Society of Scotland.

3. Past cases should be explained to students to highlight the corrupt devious practices of the Law Society of Scotland and their infiltration of the Scottish Legal Complaints Commission.

4. Students should be educated why the Law Society support legal education but not legal scrutiny of it and its membership.

5. If any Scottish government introduce education as the Law Society suggests in its manifesto, teachers should advise students to Google 'crooked lawyers' and form their own opinions about the honesty of the legal profession, politicians, in Scotland. In any other sphere of education students would be given a panoramic view of a subject, to study and draw their own conclusions.

Notice how the Law Society Manifesto does not mention websites exposing corrupt lawyers and their Law Society masters.

Anonymous said...

Well the self regulation bias is evident in the Law Society manifesto.

Teach students about the law, not about those who are above it. Simple strategy, educate kids lawyers are decent and honest so those kids can be exploited by lawyers when they grow up.

Do parents want their kids ruined when they grow up by corrupt lawyers? Check the websites not what the Law Society want you to believe.

Anonymous said...

Are they asking msps or telling msps to do it?
Either way its all BS which you rightly point out as usual!

Anonymous said...

Jamie Millar presents a manifesto for crooked lawyers.
The only thing he missed out is power to torture clients if they dare complain about their lawyers or maybe they have that already anyway.
How many msps signed up to this and got a free mortgage or steak dinner?

Anonymous said...

Sorry for the use of extreme language but why should we allow lying twisted scum lawyers into classrooms to teach our kids about the legal system and anyway with all the sick perverts like lawyer Julian Danskin in the legal world they should never be allowed anywhere near a school!

Anonymous said...

The Law Society’s Press Release went onto claim “A number of political parties have already talked about the importance of providing better information for the public and praised the Society's proposals for the introduction of legal education in secondary schools to build awareness of the justice system and installing citizenship from an early age.”

Okay.So which political parties have praised the Law Society's demand to teach legal education in schools ?

If Millar is so cocky about all this then why not just name the parties and the msps who obviously said the Law Society could get on with it and probably charge the taxpayer a lot of money for doing it?

Hands up who wants a legal class from John O'Donnell or crooked Penman and the rest?

Anonymous said...

What asshole came up with the idea of allowing lawyers into classrooms ?

Anonymous said...

Wasnt all this in a kicked out petition at the Scottish parly about educating the little horrors about the legal system?
Who stole it from who?

Anonymous said...

This is a good idea, it will get students talking about law, and then someone will tell them check the websites.

Lawyers are all dishonest vermin and the trash at the Law Society keep things this way by their cover ups.

The Law Society of Scotland is staffed by evil calculating scum, and if I was a teacher I would tell my students what the Law Society do not want them to find out.

Anonymous said...

I am not voting in the May elections, in my opinion the MSP's are as corrupt as the Law Society of Scotland membership.

Having a vote means you have a chance to change things, but the Law Society control the Scottish parliament through lawyer MSP's and the justice committee.

Anonymous said...

When was it debated in Parliament about letting Schools Law Web make adjustments to teaching in Scotland?

Anonymous said...

Your Scottish lawyers seem to think a lot of themselves.

Maybe its time to clip some of their wings and bring them back down to earth - they are only offering a business service not access to god.People have to get away from respecting scum who seek to control even the political system for their own ends and you are doing a great job of telling it as it really is.

Keep up the good work!

Anonymous said...

I recall that the last people the so-called Justice Committee and the Law Society of Scotland wanted to hear from were members of the Public.

This is just another window dressing exercise by an organistaion which in the words of former senior member has 'a fundamental dishonesty at its core'.

Anonymous said...

Good on you Peter.

How the Law Society can be connected to something called "Good legislation" is beyond me and any of these msps who praised them taking over our schools deserve to be looked at in more detail although I'm sure you are already looking into that aspect of it.

Keep up the good work.

Anonymous said...

Yes Peter on the face of things its a wish list by the Law Society but we know nothing will change because the LSoS keep control of all these changes and if it doesnt benefit lawyers profits the reforms such as they are never get past the paper stage

Anonymous said...

Sounds like lawyers lobby group orders msps to do as they are told (again)

Who are they trying to fool said...

Hands up who wants a legal class from John O'Donnell or crooked Penman and the rest?

Exactly, these two are lawyer versions of Ronnie Biggs. The great train robber goes to Brazil to avoid punishment, because they could not extradite a father of a Brazilian kid. Penman and O'Donnell only have to deal with their friends in Edinburgh. All three steal money but are dealt with differently.

Biggs is no angel but if he had robbed lawyers he would have been jailed, but when Penman and O'Donnell steal clients money that's okay.

The human constructed boundary between legallity and illegality is policed by lawyers hence the bias.

As for lawyers being chaperoned by other lawyers, that is simply a way round them being struck off.

It is spin, O'Donnel and Penman will still be working unsupervised.

Anonymous said...

The SNP courtesy of MacAskill will throw out any real justice reforms which put ordinary people before lawyers so the Law Society will be happy with that although I dont think any of the parties will do anything against this mob so its up to you to keep reporting the scandals and making changes on your own since our bought off crooked politicians are in bed with the legal profession and their buddies the banks & insurers

Lawyers & Royal Sun Alliance the best of friends said...

You know what I notice about your blog Peter, none of these lawyers like Penman, Mill, Hamilton, Yelland, Pritchard, Smart, Millar, Lafferty accuse you of being wrong. They detest you beacuse you are right.

But of course you report things as they are, not the way the Law Society wants the public to be decieved.

They are a sick minded group of people. They believe their own lies about the Master Policy being the ultimate in consumer protection when they are all insured by the same company a who would be paying a clients damages.

I wonder what Penman, Mill, Hamilton, Yelland, Pritchard, Smart, Millar, Lafferty would do if they were lay persons ruined by a lawyer. I wonder if they ever consider this?

The unwritten policy of the Law Society of Scotland ensures the lawyers insurers Royal Sun Allaince never pay damages. Lawyers never help victims of lawyers. Logic dictates no Scottish lawyer works in a clients best interests because the punishments (if they can be called that) dwarf the magnitude of the crime.

The insurance arrangements are anti client, the Law Society is anti client, so all Scottish lawyers are anti client.

I rest my case.

Anonymous said...

It is sinister how they still want to control access to justice. A blocking strategy to allow them to do as they please.

Anonymous said...

Teaching legal issues in secondary school is a complete waste of time and whoever allowed the Law Society to walk in the back door and start this up needs their head examined.

Anonymous said...

If a student can be expelled from a university and cannot get any public official, even a judge or administrative agent at the lowest level, either (i) to require the university to justify its actions (if only to the extent of filling out an affidavit alleging that the expulsion 'was not wholly arbitrary and capricious') or (ii) to compel the university to accord the student some procedural safeguards (a hearing, right to counsel, right to have notice of charges), then the minimum requirements for saying that the student has a legal right to his education do not exist.

The same principle applies to the Law society of Scotland. Legal rights for people like Mr Cherbi did not exist.

Lawyers victims do not get legal representation, so have no legal rights. MacAskill would have us believe otherwise but he knows and condones the Law Society allowing lawyers to ruin clients.

The minimum right to say a client can sue a crooked lawyer does not exist. In fact Mr Mill's memo about a summit meeting to kill off a clients legitimate claim against the Master Policy is a perfect example of the above. Do not be fooled new readers, you cannot sue a crooked lawyer in Scotland.

Rights mean action can be taken and damages sought, but in Scotland a client needs a lawyer to sue a lawyer. Lawyers want to keep clients rightless, because that is the reason lawyers can abuse their position and get away with it.

Anonymous said...

Thank you, I have recently been searching for information about this topic for ages and yours is the best I have discovered so far.

Do not trust the Law Society of Scotland said...

Even with overwhelming evidence on the internet that the Law Society are crooks, they still want to portray how rightous they are, beating the honesty drum to exonerate themselves.

Nutters, that is what they are, I always said lawyers are selective in their choice of evidence.

Teachers out there, can you honestly teach Law Society spin if that is what is required of you or is free speech for teachers going to be crushed.

All a teacher has to do is say to students is Google "crooked lawyers".

Then they will know all about the dark side of Scotland's legal profession, the truth the Law Society are desperate to cover up.

Anonymous said...

Would a bank manager who stole thousands of pounds from his bank's customers be allowed to work with supervision?

The Law Society allow O'Donnell to work with supervision (so they say).

The next time you have to go to a lawyer remember you cannot find out what your lawyer has been up to. How many clients has he robbed before you?

If O'Donnell was not above the law he would never be able to work as a lawyer again. 12 negligence claims and he is still working. How many others out there do we not know about?

Anonymous said...

HINT:If you were a solicitor you might be tempted to ask how much did the LSoS spend on this manifesto crap?

Anonymous said...

I'm sure the Law Society has reminded all msps just how tight a leash they are on.More of the no change brigade no matter who wins on 5th May.

Anonymous said...

What asshole came up with the idea of allowing lawyers into classrooms ?

22 April 2011 20:21

Stand up Stewart McKenzie Which Consumer Champion of the Year.

Anonymous said...

As I was saying yesterday someone should be asking questions why the Law Society is misusing members subs by wasting thousands of pounds on producing such unachievable rubbish.

Anonymous said...

I really liked the article, and the very cool blog

Anonymous said...

Isn't there an old saying that goes something like:-
"A little knowledge is worse than no knowledge, at least if you know you've no knowledge you are certain that you don't know."
The BIG DUPE goes on, don't let them widen their duping net.