Friday, April 27, 2012

Crooked lawyer impersonates DEAD COLLEAGUE to lure clients in fraud scam as Law Society of Scotland’s self regulation of solicitors fails yet again

O'Donnell MontageSolicitor John O’Donnell named in yet another crooked lawyer scandal as Law Society’s self regulation of lawyers fails to protect consumers. AN INVESTIGATION by the Sunday Mail newspaper has revealed twice suspended but still working as a solicitor John G O'Donnell has been impersonating a DECEASED LAWYER colleague as part of an elaborate fraud, while staff at Davidson Fraser, the law firm he was working at in 2009, said nothing to clients. The Law Society of Scotland did nothing to prevent the rogue solicitor continuing his reign of scams against clients even after being twice suspended & made bankrupt, and O’Donnell was only found out after one of his clients, widow Elizabeth Campbell, 69, saw his photograph in an earlier article in the Sunday Mail newspaper featuring the solicitor who was pretending to be the now deceased solicitor Colin Davidson while ‘representing’ Mrs Campbell in legal cases & a land deal he then went on to ruin.

SLAB CASTaxpayer funded lawyer working at Citizens Advice referred clients to fraudster law firm & lawyer. The paper’s investigation of O’Donnell has also revealed how a taxpayer funded lawyer, Gilbert A Anderson who works for Citizens Advice Scotland as an in-court legal adviser at Hamilton Sheriff Court in a taxpayer funded position paid for by the Scottish Legal Aid Board (SLAB), passed on clients to O’Donnell at law firm Davidson Fraser without alerting anyone to the notorious solicitor’s past treatment of clients and his disgraceful record as a solicitor which includes two suspensions of his practising certificate and over TWENTY ONE negligence claims made by O’Donnell’s former clients to the Law Society of Scotland’s Master Insurance Policy. The investigation also reveals Mr Anderson’s name appeared on the Davidson Fraser law firm’s letterhead.

ssdtTribunal ineffective at protecting consumers from rogue solicitors. Additionally, in an interesting twist to one of the hearings at the Scottish Solicitors Discipline Tribunal, where proceedings more often than not play into the hands of double dealers and those regulators such as the Law Society of Scotland who fail to protect the public from crooked lawyers, it was also revealed that Elaine Motion of Balfour & Manson, acting as the Law Society’s Fiscal who ‘prosecuted’ John O’Donnell at the SSDT, was approached by solicitor Steven Gold, (O’Donnell’s own solicitor) at a Law Society Christmas Party in 2009, where a shady deal was proposed. While the Tribunal report was at pains to say no deal had been done to save O’Donnell, the fact remains he went on to work at other law firms while the Law Society sat back and did nothing to protect unsuspecting clients.

A ‘stripped down’ ‘account’ of the meeting between Elaine Motion & Steven Gold, is reported in the Tribunal's hearing into one of the complaints against O’Donnell, which is published online here Council of the Law Society of Scotland v John G O'Donnell and reprinted below to give a flavour of the double dealing behind the closed doors world of self regulation of Scottish solicitors :

Law Society of ScotlandLaw Society’s 2009 Christmas party was scene of deal to save O’Donnell from disciplinary moves. Page three of the Council of the Law Society of Scotland v John G O'Donnell states : “In December 2009, Elaine Motion and Steven Gold, Solicitor were both at a Law Society’s Christmas Drinks Party. They were involved in a conversation with regard to the health and welfare of the Respondent. Mr Gold made representations on behalf of the Respondent to Elaine Motion to the effect that it would be humane and advantageous to everyone involved if a way could be found to allow the Respondent to hand in his practising certificate without having to undergo the ordeal and expense of an appearance before the Tribunal. Elaine Motion was sympathetic to the representations but indicated that she would require to discuss matters with the Law Society of Scotland who would make the decision. There was no undertaking given at this meeting to Steven Gold that if the Scottish Solicitors’ Discipline Tribunal struck the Respondent’s name from the Roll of Solicitors in Scotland no further Complaints would be brought against the Respondent and no undertaking was given that if the Respondent accepted pleas of guilty to the outstanding Complaint, no further proceedings would be brought against him.”

Those who follow the murky word of self regulation of Scotland’s legal profession will have trouble believing much of the SSDT’s account of matters, in the light of O’Donnell’s continued disregard of the law and the Law Society of Scotland’s failure to protect consumers from serial crooked solicitors and law firm staff who apparently stand by and watch while clients are robbed blind.

Two other SSDT reports relating to complaints made by clients against solicitor John O’Donnell who was found guilty on both occasions are also published online HERE & HERE.

The ongoing saga of John O’Donnell and his trail of victims is indicative of the poor protection for consumers of legal services, let down by regulators such as the Law Society of Scotland & Scottish Legal Complaints Commission (SLCC).

The Sunday Mail’s investigation into John O’Donnell follows :

Exclusive  Dodgy Lawyer back at it - Sunday Mail 22 April 2012EXCLUSIVE : DODGY LAWYER BACK AT IT

COLIN YOU A LIAR

Client's fury at identity fraud

By Russell Findlay, Sunday Mail 22 April 2012

A banned solicitor has been accused of conning a client by impersonating another lawyer in an elaborate fraud. The client also claims that John O'Donnell, 61 cost her 50,000 by botching a land deal and that he failed to turn up to defend two small claims for her.

Widow Elizabeth Campbell, 69, believed that the solicitor working for her was called Colin Davidson. But she discovered "Colin" was actually O'Donnell - who is serving two five year bans from working as a solicitor and is bankrupt - when she saw his photo in the Sunday Mail.

Elizabeth, from East Kilbride, said : "I met "Colin" in his office many times between March and September last year. I was stunned when I came across a Sunday Mail story about O'Donnell which carried his photo. I recognised him as the man I knew as Colin. I was shattered."

Elizabeth claimed that O'Donnell botched a land deal dispute by allowing it to be sold for less than its true value, costing her 50,000. And she also accused him of lying by saying that he defended two small claims cases at Hamilton & Glasgow Sheriff Courts.

Elizabeth, who suffered from depression after her husband's death four years ago, said she had trusted "Colin" when they first met.

She said : "He said that he understood as he had also suffered. I thought to myself, I've got a soul mate here" Then I discovered that he had failed to represent me at Hamilton and Glasgow Sheriff Courts for small claims and two decrees were awarded against me. Debt collectors began chasing me yet he continued to lie and say that he had been in court. I've been able to recall the Glasgow case but the Hamilton case is still against me."

O'Donnell was given a five year ban in 2009 and another five-year ban in 2010 due to his appalling track record of professional misconduct. His bankruptcy also disqualifies him from practising.

In March last year, the Sunday Mail warned the Law Society of Scotland that O'Donnell was allegedly working for the real Colin Davidson’s firm Davidson Fraser. Former Bankrupt Davidson - who has since died - told us then : "He's not employed here."

Elizabeth believes she was targeted because she was vulnerable. She said : "He only took around 210 from me. I think the long- term aim was to get my house." She added that staff at the law firm's office in Clarkston Road, Glasgow seemed aware of the deception, making excuses when she asked why people called him John.

She said : "I was so angry that I was going to attend Davidson's funeral. I wish I had done just for O'Donnell's reaction. I find it incredible that he has been able to get away with this, especially given that the Law Society was warned what was going on."

Law Society chiefs have refused to say if other clients were also duped and declined to comment on the case. A senior legal insider said that O'Donnell could now face criminal prosecution for working as a solicitor without a practising certificate.

BID TO BEAT BAN AT LEGAL BODY'S CHRISTMAS PARTY

Another lawyer tried to strike a deal for O'Donnell at a Law Society Christmas party in 2009. A Scottish Solicitors' Discipline Tribunal report said Steven Gold asked Law Society prosecutor Elaine Motion to consider dropping complaints against O'Donnell if he agreed to surrender his practising certificate.

Motion met O'Donnell as the Society considered five more complaints. But because he was not struck off by the SSDT, Motion decided that O'Donnell "may be hearing from her again".

LINKS TO SOLICITOR PAID BY OUR TAXES

Elizabeth was referred to Davidson Fraser by taxpayer funded lawyer Gilbert Anderson.

Anderson is a Citizens Advice Bureau adviser at Hamilton Sheriff Court whose wages are paid by the Scottish Legal Aid Board. He said yesterday : "I gave her a list of firms and she asked if I knew of any particular firm. Davidson Fraser were not specified."

However, Anderson's name appeared as an employee on the firm's letter headed paper in July 2011.

He said : "The moment Mrs Campbell brought that to my notice I was down to Davidson Fraser to find out exactly what they were doing. Mr Davidson said he was under the impression I was going to work for them. But I said no, I said I would consider. It was agreed that he was to remove my name."

Davidson also used a room to meet clients at the volunteer-run South Side Advice Centre in Glasgow. But he was kicked out in October due to a number of complaints.

38 comments:

Anonymous said...

This is just another example in a long list of travesties of justice which arise when the SNP and politicians of every major political party in Scotland rush to defend a corrupt, unaccountable legal system which Mr McAskill and others assure us is one we should be proud of, and which he has sworn to defend.

Get rid of the SNP and CAMPAIGN TO END SELF REGULATION NOW.

Anonymous said...

So after reading this we can conclude clients dont really know who they are talking to now and if the lawyer is pretending to be someone else they will get away with it much like O'Donnell time & again..

Where are the SLCC in all of this?Standing by doing sod all as usual?

Anonymous said...

Congrats to the Sunday Mail for recognising one of the most important parts of the story - that of the staff's role in this affair.

"Elizabeth believes she was targeted because she was vulnerable. She said : "He only took around 210 from me. I think the long- term aim was to get my house." She added that staff at the law firm's office in Clarkston Road, Glasgow seemed aware of the deception, making excuses when she asked why people called him John."

Clearly the staff should also be investigated and never allowed to work in a law office or position of trust ever again.They were clearly in on the fraud and as they say,ignorance of the law is no excuse.

Anonymous said...

and just where is Justice Minister MacThicko MacAskill when all this is going on?

Shouldn't there be an investigation into this guy at Hamilton Sheriff Court?His explanation to the paper sounds UNBELIEVABLE

Also notice the Law Society are refusing to comment meaning more victims and more frauds they want to cover up

Anonymous said...

Nice one.Balfour & Manson will be doing their utmost to see there is little publicity to their Mrs Motion's role in all of this.

Anyway where the hell are the Police?Shouldn't O'Donnell be arrested by now or are his Law Society chums keeping him out of jail?

Anonymous said...

Back to picking on widows,the elderly and the vulnerable.These lawyers make me sick.There must be 1000's of cases like this every week where widows,old people and the sick are getting targeted by the O'Donnells of the legal world.

Disgusting and glad to see the Sunday Mail is exposing it all.Good job all.

Anonymous said...

Anonymous said...
Congrats to the Sunday Mail for recognising one of the most important parts of the story - that of the staff's role in this affair.

"Elizabeth believes she was targeted because she was vulnerable. She said : "He only took around 210 from me. I think the long- term aim was to get my house." She added that staff at the law firm's office in Clarkston Road, Glasgow seemed aware of the deception, making excuses when she asked why people called him John."

Clearly the staff should also be investigated and never allowed to work in a law office or position of trust ever again.They were clearly in on the fraud and as they say,ignorance of the law is no excuse.

27 April 2012 12:46
'''''''''''''''''''''''''''''''''''

Good point, well made.

What is also galling is that the Law Society of Scotland's Agent Elaine Motion is actively involved in 'plea bargaining', to give her colleague a soft sanction, which I understand is a criminal offence?

There is also a potential charge here in that the Law Society's Agent acting for and behalf of the Law Society (remember she CAN ONLY act under instruction from them) was defeating the ends of justice?

Clearly, O'Donnell is repeatedly and systematically being allowed to practise as a lawyer by the Law Society and in doing so they are overtly encouraging a known crooked Scottish lawyer to continue to inflict pain and suffering on the Scottish Public.

What if this same situation has happened before......?

Involving the same Elaine Motion acting on behalf of the Law Society and that she has already been caught interfering in the administration of the Justice process and did so with the full knowledge and consent of the Crown Office........?

Would this not be a monumental scandal that could bring their unlawful haunted house of cards falling down around their ears......?

Interesting, very interesting.......................?

I wonder who at the Law Society skilled in the dark arts is the instructing solicitor for the Law Society who appointed Elaine Motion as Prosecuting Fiscal (and who was giving her Instructions)....................?

What if poor Elizabeth was correct about this crooked lawyer, who's intention it was to inveigle himself on her, taking advantage of her health, to the point where he unlawfully tried to take her house from her.......AND what might poor Elizabeth think when the exact same Law Society of Scotland endorsed extorsion was being played out at the moment in Court, in the exact same circumstances she encountered but with a different crooked lawyer who enjoyed the same assistance from Elaine Motion and those dark art actors at the Law Society of Scotland..........................?


Watch this space..................?

Anonymous said...

The Law Society of Scotland criminal gang are out of control?

They are mad drunk on the human blood of their client victims and believe they are totally above the law and untouchable?

Their deceit and depravity knows no bounds and it is as if they are involved in some sort of sick competition to blatently cause as much damage and hurt that they can in breaking the law in the most outrageous way possible.

What the hell are the Police doing?

Get in there and strip it from top to bottom and jail the mongrels?

Anonymous said...

No sign of Mr Yelland issuing a comment to favoured television stations about how great he/the Law Society is and this sort of thing doesnt happen?

Glad to see some are on the ball and reporting these scumbags!

Its the Sunday Mail for me on Sunday!

Anonymous said...

If the lawyer being paid by SLAB also had his name on O'Donnell's firm then why are we having to foot his wages and no doubt expenses?

How many others have these inhouse advisers sent off to crooked lawyers?

Anonymous said...

Obviously corruption in high places otherwise why would O'Donnell and his pals be free to rob the rest of us this way?

Anonymous said...

Been looking for this all week thanks for upping it - ODonnell was my brother's lawyer and made a real mess of a house dispute I'll send you in the details to look at

Anonymous said...

This article on its own proves the SSDT along with the SLCC and Law Society is useless at protecting us from these crooks!

Anonymous said...

"Law Society chiefs have refused to say if other clients were also duped and declined to comment on the case."

Says it all really.. The Law Society dont give a fig about the clients and its long past time they were scrapped.

If Scotland was a decent country the Law Society people would all be in jail for allowing these criminals to roam freely so they must have a lot of dirt on politicians to keep surviving like this well dirt or bribes take your pick.

Anonymous said...

Handy to know Citizens Advice can no longer be trusted.

Who does this leave on our side?

Anonymous said...

Sue the Law Society SLAB and CAS for allowing this bunch to come together (oh sorry I forgot the Law Society control SLAB & CAS via lawyers so no chance of bringing any of the three to justice!)

Anonymous said...

Great to see these crooked lawyers exposed and the Law Society too for doing nothing however this is also a warning - READ PETERCHERBI'S WEBSITE OR ASK FOR ADVICE BEFORE DECIDING IF YOU REALLY NEED TO USE A SCOTTISH LAWYER

Anonymous said...

Cant get much lower than impersonating dead people..how about a spell in jail Mr O'Donnell?

Anonymous said...

So what do these "in court advisers" paid for by taxpayers (and I take it they are all lawyers) actually do for people?

Is this just a racket to give lawyers jobs on the taxpayer?

Anonymous said...

Lawyers have a license to steal

Anonymous said...

I love your opening picture!
Didnt miss out anyone!

Where is O'Donnell now?Done a bunk I hear?

Anonymous said...

Mrs Campbell should have read this blog before going anywhere near a lawyer especially O'Dononell

Anonymous said...

Anonymous said...

"Law Society chiefs have refused to say if other clients were also duped and declined to comment on the case."

Says it all really.. The Law Society dont give a fig about the clients and its long past time they were scrapped.

If Scotland was a decent country the Law Society people would all be in jail for allowing these criminals to roam freely so they must have a lot of dirt on politicians to keep surviving like this well dirt or bribes take your pick.

27 April 2012 21:34

Fat Chance.

Scotland is full of puppet politicians just like everywhere else and in this case the Law Society and their members really know how to play the msps.

Just look at how easy Fatso has been controlled by Murdoch and then the entire SNP get themselves in gear to support bugging & hacking.I wouldnt hold out too much hope for change against crooked lawyers in Scotland but you can hit them in their pockets and profits as I am sure Mr C is doing a fine job of.

Great to know we have at least one champ who cant be influenced by the filth who run the country for their own ends.

Anonymous said...

Easy to see Yelland has no straight answers to O'Donnell robbing even more people and please take note of what the widow says about his target being HER HOUSE.

Anonymous said...

The Law Society are henchmen of MacAskill who control the press to some extent, and dominate policymaking at the Scottish Parliament. So irrespective of which candidate you vote for in any party the situation will not change. In matters of law therefore we have our elected representatives supporting an unelected omnipotent profession of thieves, thugs, and torturers of their voters. Democracy is a sham because lawyers who hide their criminality in office structures will be allowed to keep doing so because the MSP’s are Law Society puppets who are against the people who voted for them. The Law Society is one branch of a modern form of dominion “bureaucracy or a system of bureaus where it is impossible to identify culprits and no one is accountable for what is being done”. Hannah Arendt. In this case your MSP’s are accountable because they can change this outrageous system. MSP’s are supporters of Scotland’s legal dictatorship. Voters who break the law face the public courts. Lawyers face their colleagues. “The first lesson of civilisation is the desire to exercise power over others, and disinclination to have power exercised over themselves” John Stewart Mill’s statement applies to the Law Society whose members belong more to the Nazi Party than a so called democratic country. Who said democracy meant equal rights?

Anonymous said...

The Law Society and the police are the same organisation, that is why lawyers are not being arrested.

Anonymous said...

http://www.dailyrecord.co.uk/news/scottish-news/2012/04/29/dodgy-lawyer-john-o-donnell-faces-second-fraud-claim-86908-23841278/

Dodgy lawyer John O'Donnell faces second fraud claim

Apr 29 2012 By Russell Findlay, Sunday Mail

A second client has accused rogue lawyer John O’Donnell of conning her by posing as another solicitor while banned.

Joan Hoblyn, 68, was referred to O’Donnell by his fellow lawyer Colin Davidson.

She said: “He ­introduced me to John O’Donnell but there were problems with a flat ­purchase and eventually it fell through.

“I was furious to find out that I had been conned.”

Davidson and his pal O’Donnell, 61, allegedly hatched a scheme to dupe clients. Davidson, who later died, launched Davidson, Fraser & Co last year in Glasgow. But O’Donnell – ­serving two five-year bans – ­allegedly posed as ­Davidson to beat his ban.

Mum-of-three Joan, of Clarkston, added: “I was in front of O’Donnell once when he referred to himself as Colin Davidson.

“I feel so stupid but he preyed on me and was manipulative by sympathising with my previous medical problems.”

Last week, we told how Elizabeth ­Campbell of East Kilbride was conned into thinking that O’Donnell was ­Davidson.

O’Donnell could be prosecuted for defrauding clients, breaching the Solicitors (Scotland) Act and breaching ­bankruptcy laws.

LOOKS LIKE O'DONNELL HAS A LONG LIST OF VICTIMS NOW WILLING TO TALK OH DEAR WHAT ARE THE LAW SOCIETY GOING TO DO TO KEEP THEM ALL QUIET?

Anonymous said...

Anonymous said...

Cant get much lower than impersonating dead people..how about a spell in jail Mr O'Donnell?
=================================
This man will not go to jail because the court he is judged in turns a blind eye to lawyer corruption. Really the biggest professional criminal outfit in Scotland is the Law Society protected by a parliament of elected criminals.

Anonymous said...

Anonymous said...
This article on its own proves the SSDT along with the SLCC and Law Society is useless at protecting us from these crooks!

27 April 2012 19:34
vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv

You have it all wrong.

The Law Society of Scotland and their wings the SSDT on one side and the SLCC on the other side are all highly proficient at what they do....?

That is, to cause crooked Scottish lawyer's victims as much pain and suffering as they can, whilst at the same time letting-off their crooked lawyer members SCOT-FREE.

(and them toasting each other in their burping and belching process at the evil acts that they do)

Anonymous said...

Do you guys not have law enforcement in Scotland?



Chad, Denver

Anonymous said...

It beggars belief how unlawful the Law Society of Scotland and their lawyers are allowed to be?

Anonymous said...

Good on you The Sunday Mail for starting to point out these lawyer criminals who are being allowed to be above the law.

Anonymous said...

I notice the usual deafening silence from consumer organisations such as Which and Consumer Focus Scotland - no doubt the media have long since grown tired of asking them for comment.

Anonymous said...

The basic problem here is the law is being used to protect these f* hoods who are f*ing up people's lives and getting away with it - this is what we are all thinking,right?
So what can be done?

Anonymous said...

Last week, we told how Elizabeth ­Campbell of East Kilbride was conned into thinking that O’Donnell was ­Davidson.
===============================
In Scots Law what O'Donnell is doing is called "Passing Off" and it is illegal. But the courts will never prosecute him because he is one of the legal gangsters this country will soon be infamous for.

Anonymous said...

Why are those at the Law Society of Scotland, who sanctioned O'Donnell to continue passing himself off as a solicitor and who instructed their Agent Elaine Motion to defeat the ends of justice, not already in hand-cuffs?

These people are openly showing that they are criminals and do so with great confidence knowing that they are above the law?

Anonymous said...

sending details to you about this rodent O'Donnell who represented my mum and ruined a claim against the council he took plenty off her for doing nothing

Anonymous said...

This guy O'Donnell has the Law Society eating right out of his hand you should check out who he knows there and then do some headlines on the Edinburgh mob who let him get away with all this thieving.

There's got to be a bent lawyer higher up the chain helping him out for sure