Decades of lawyers looking after each other has destroyed confidence in Scots legal profession. THE Law Society of Scotland should be stripped of its dual role of acting for lawyers and the public, says a leading legal academic who has publicly called for an end to the self regulation cartel of Scottish lawyers looking after each other. The call for change comes amid overwhelming evidence that Scots consumers & clients who fall victim to rogue lawyers rarely if ever secure a fair hearing for their complaints or receive correct recompense for significant financial losses or embezzlement by their solicitors, due to lawyers covering up for each other.
Speaking to the Sunday Mail newspaper ahead of a BBC Scotland investigation on how solicitors make a mockery of the current system of regulation of complaints against the legal profession, Professor Julia Black of the London School of Economics said independent regulation is vital to build public confidence.
On Wednesday 15 January 2014 at 22:35, BBC Scotland will broadcast their investigation “Lawyers Behaving Badly”, where journalist Samantha Poling investigates a regulation system which clients say favours the profession rather than the consumer, and goes undercover to investigate solicitors making a mockery of the system.
Those involved in the debate regarding self regulation of Scotland’s legal profession will be well aware of the ill fated attempts between 2001-2007 to create a more independent system of regulation, which saw the creation of the pro-lawyer, anti-client Scottish Legal Complaints Commission.
Since the SLCC was created in 2008 by Justice Secretary Kenny MacAskill, there have been little if any improvements in how consumer complaints against Scottish solicitors are investigated.
The current model of self-regulation of Scottish solicitors, where the SLCC investigate complaints against lawyers, appears to have led to record numbers of solicitors escaping sanction or prosecution for offences committed against clients.
Critics of the current system and its in-built pro-lawyer bias point to the fact the SLCC itself is effectively run by the Law Society who pay for its running through subscriptions raised by lawyers who in turn increase client fees to fund their own pat-on-the-back self regulation cartel.
Diary of Injustice reported on the secret vested interests at the Scottish Legal Complaints Commission in an earlier article here: A SPECIAL RELATIONSHIP : Investigation reveals Scotland’s ‘independent’ legal regulator is mired in family, business & personal links to legal profession & Law Society
The frequent, almost serial failures of the Scottish Legal Complaints Commission has been widely reported in previous articles.
The Sunday Mail reports :
Expert: Kick out cartel of lawyers
Sunday Mail 12 January 2014
A leading legal academic has called for an end to the self regulation “cartel” of lawyers in Scotland.
Professor Julia Black said independent regulation is vital to build public confidence.
Critics say the Law Society of Scotland’s dual role of acting for lawyers and the public is flawed.
Professor Black, director of the law school at the London School of Economics, said: “Let’s be honest about self-regulation.
"It’s a case of a group of people doing their work, marking their own work and if they do something wrong, telling each other off.
“It would be difficult to have full confidence in a system until you have independence, transparency and accountability.”
The Law Society in England and Wales was stripped of its regulatory role by the UK Government seven years ago.
The independent Solicitors Regulation Authority now investigates and disciplines lawyers there.
Professor Black said: “You have moved from a situation where the professional regulated itself to a situation where you have operationally independent regulators.”
Professor Black raised her concerns ahead of BBC1 Scotland investigation Lawyers Behaving Badly, which will be broadcast on Wednesday.
The Law Society of Scotland said there was “much evidence” that the system in England and Wales is more bureaucratic and expensive. A spokesman added: “This doesn’t sound like a model Scotland should follow.”
The Law Society of Scotland have used the SLCC exercise as an opportunity to inflict even more damage and suffering against victims of crooked Scottish lawyers in what can only be described as vengeance against those who were only seeking simple justice?
ReplyDeleteThe Law Society of Scotland operate in a climate where the laws of the land do not exist for them and their crooked members?
The SLCC has been a cruel punishment in attacking the victims of crooked Scottish lawyers?
Why have they acted this way?
Because they can?
"Lawyers behaving badly"
ReplyDeleteAny particular reason why the bbc are about a hundred years late to the party?
Quite right too, there is no complaints system we all know that.
ReplyDeleteare you in it?
ReplyDeleteThe Law Society of Scotland said there was “much evidence” that the system in England and Wales is more bureaucratic and expensive. A spokesman added: “This doesn’t sound like a model Scotland should follow.”
ReplyDeleteNo.Scotland should follow the model where lawyers continue to f* us all up and demand huge sums of money for sitting in an office making up they are doing work for clients when all they are really doing is fiddling accounts and touching up the secretaries.
These maggots will infiltrate any independent regulator, that is what the SLCC was meant to be INDEPENDENT?
ReplyDeleteI would never trust another lawyer and this mistrust will die when I do.
I have a funny feeling if we let you and your investigating loose on the English system you may end up finding it is run by the same vested interests
ReplyDeleteProfessor Black, director of the law school at the London School of Economics, said: “Let’s be honest about self-regulation.
ReplyDelete"It’s a case of a group of people doing their work, marking their own work and if they do something wrong, telling each other off.
“It would be difficult to have full confidence in a system until you have independence, transparency and accountability.”
True.
How embarrassing no Scottish legal academic will admit to this.
A case of bribes favours hospitality vested interests et all I am sure
The independent Solicitors Regulation Authority now investigates and disciplines lawyers there.
ReplyDelete===================================
I would never trust them either.
Only an idiot trusts a Scottish lawyer and come to think of it if your legal profession is as corrupt as this then the rest of the Scottish business fraternity must also be suspect.They are all tied together anyway as we all know now from your regular exposes.
ReplyDeleteAsk the victims about the [complaints system] and [getting justice against lawyers]. The former does not exist and attaining the latter is impossible. FACT.
ReplyDeleteThis is just shocking and how were they able to plant all those lawyers on this not very independent slcc?
ReplyDeletekiller blog mate luv the way u take the judges to bits :D
ReplyDeleteWonder how much will be on the bbc after the Law Society board of censors have their wicked way with the show?
ReplyDeleteHow many actual victims of lawyers are going to be in this??
ReplyDeletehttp://www.lawscot.org.uk/news/press-releases/2014/january/regulation-tops-law-society-member-priorities-in-new-poll
ReplyDelete"Key aspects of the Law Society of Scotland's regulatory role, including inspecting firms and intervening in critical situations, have emerged as the highest priorities for solicitors in a new poll published today."
Absolute garbage!
I wondered why the Law Society chose to publish their poll and highlight regulation - obviously forewarned about the BBC investigation!
How embarrassing no Scottish legal academic will admit to this.
ReplyDeleteA case of bribes favours hospitality vested interests et all I am sure
14 January 2014 23:34
They wouldnt be Scottish legal academics if the Law Society had not helped them on their way so dont expect any of the Scottish legal establishment to condemn their own paymasters.
The plus to this is that in view of what we all know now thanks to Peter and the Sunday Mail we may as well assume anyone in the legal fraternity who condones self regulation or refuses to speak out against it is basically bent in one way or another.We have all read plenty on here and plenty in some of the comments to realise this much!
You are spot on as always Peter - self regulation has killed off any confidence or trust in lawyers and it serves them right.
ReplyDeleteSo if complaints against lawyers are investigated by a truly independent body in England and Wales why not in Scotland?
ReplyDeleteWhy is the SNP Scottish Government allowing lawyers to cover up for their pals if it is not the case in England
The SRA are not to be held up as any kind of example for a better way of dealing with lawyers - there are plenty problems with the English system too as you have already written about I see and the Law Society of England and Wales has far too much influence over the courts and just about everything else.
ReplyDeleteAnonymous said...
ReplyDeleteThis is just shocking and how were they able to plant all those lawyers on this not very independent slcc?
15 January 2014 02:50
——————————
......and to think that the Scottish Government were willing partners with the Law Society of Scotland in this most cruel subversion of the law, to keep known crooked Scottish lawyers fully employed and on the look out for more victims...
Anonymous said...
ReplyDeletehttp://www.lawscot.org.uk/news/press-releases/2014/january/regulation-tops-law-society-member-priorities-in-new-poll
"Key aspects of the Law Society of Scotland's regulatory role, including inspecting firms and intervening in critical situations, have emerged as the highest priorities for solicitors in a new poll published today."
Absolute garbage!
I wondered why the Law Society chose to publish their poll and highlight regulation - obviously forewarned about the BBC investigation!
15 January 2014 13:40
/()/()/()/(£/)£/£/?£/)/£/)/£/?/
Ahhhh!
So,- ' inspecting firms and intervening in critical situations' - means when a Scottish lawyer is about to be prosecuted and sent to jail, the Law Society of Scotland swoop-in and snatch that lawyer out of having to face justice and instead they dust him down and allow him to continue on his path of destruction and mayhem, until the next time, when the whole circus is repeated again.
And again.....
And again....you get the picture?
Anonymous said...
ReplyDeleteSo if complaints against lawyers are investigated by a truly independent body in England and Wales why not in Scotland?
Why is the SNP Scottish Government allowing lawyers to cover up for their pals if it is not the case in England
15 January 2014 16:23
£££££££££££££££££££
There would be a massive Class Action Case against the Law Society of Scotland and all of their collaborators, should an ethical Scottish lawyer take up the case?
Are there any left?
If you are arrested after committing an offence and are taken to court, you get assigned with a Scottish lawyer, even if you do not want one.
ReplyDeleteThis must surely be against your human rights?
Better to defend yourself, knowing that a Scottish Judge will find you guilty regardless because allowing a Scottish lawyer to attach himself limpet like to your case can only result in your misery?
Anonymous Anonymous said...
ReplyDeleteSo if complaints against lawyers are investigated by a truly independent body in England and Wales why not in Scotland?
Why is the SNP Scottish Government allowing lawyers to cover up for their pals if it is not the case in England
15 January 2014 16:23
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You just hit the nail on the head as some of the SNP ministers are lawyers and advocates. You should see what one of their ministers done to a person in Perth, when they asked for help the SNP minister actively took part in siding with the rogue lawyers causing considerable damage to their case.
@ 15 January 2014 16:23
ReplyDeleteAsk the former High Street solicitor who has been in charge of the Scottish justice system for seven long years ...
@ 15 January 2014 20:16
If you have information regarding problems at the Solicitors Regulatory Authority please send them in for analysis & further reporting ...
Congratulations the DOI team.
ReplyDeleteThis BBC Documentary - Lawyers Behaving Badly is irrefutable validation of the DOI Team's honest Public Service journalism.
The criminal culture of the Office Bearers of the Law Society of Scotland has finally reached the mainstream media and they now have a lot of very serious questions to answer as well as their accomplices in crime who think 'Borrowing Without Consent' is OK for a Scottish lawyer.
It was highly significant that none of the Law Society of Scotland's Office Bearers allowed themselves to be questioned on camera, for risk of being caught lying on camera, instead shoving the 'lay-person' forward to answer for their sins?
What low-life they are...
Watched it and agree there is a big problem in Scotland also the English QCs sound a lot more eager to do something than our Scottish self protection lawyers club!
ReplyDeleteReplying to the comment made on 14 January 2014 22:36
ReplyDeleteI worked for many years in an Edinburgh law firm who gave legal advice to a certain newspaper group now in deep debt.
One morning,myself and nine colleagues were summoned to the senior parner's office and sacked in the name of saving the firm.We were forced to sign non disclosure agreements to prevent us from speaking about what we had witnessed over the years.The senior partners reminded us all in personal meetings we may face criminal charges if we ever gave an account to any journalist of our time with the firm.
During my employment I was party to many incidents where funds were taken from client accounts to fund partners expenses, pay for trips or buy gifts for colleagues,several sheriffs and members of the judiciary,clerks of the Scottish Court Service and in house solicitors based at Scottish Government offices and the Scottish Parliament.
It may be information I have gathered will impact on some of what Mr Cherbi has written about in terms of hospitality to the Scottish Court Service and the petition in relation to the judiciary.
In relation to your point about touching up secretaries I can assure you several female members of staff at the firm reported these incidents to the senior partners.In at least five cases reported the incidents to the Police.In all eleven cases I know of each member of staff was dismissed and in relation to the reports made to the Police not one case was acted upon.As far as I am aware our office was never visited by Police nor were any of the partners interviewed during my time at the firm.
I saw the BBC Scotland report on Wednesday evening and will be contacting Sam Poling after I have spoken to my former colleagues who remain very angry over their dismissal and how we have all been treated.
@17 January 2014 14:56
ReplyDeletePlease also contact Diary of Injustice with further details of your concerns ...
I worked for many years in an Edinburgh law firm who gave legal advice to a certain newspaper group now in deep debt etc
ReplyDeleteMake sure you tell all to DOI to ensure everything comes out in the open!!!