Scots solicitors should be stripped of powers to police themselves. FROM SCANDAL to scandal, the all too powerful Law Society of Scotland has managed to dodge calls for the legal profession to be stripped of their self regulation powers which ensure lawyers investigate themselves, and ultimately look after their own.
No matter the amount of damage to personal lives, families & businesses of clients, tens of millions a year in clients cash and property lost to cheating solicitors with a practising certificate backed up by their trade union body – the Law Society of Scotland - the legal profession has sailed through each scandal to blag another day.
Even after two Scottish Parliamentary inquiries, the same faces sit proud at their Law Society desks, revelling in their defence of their colleagues. Grim.Almost, horrific.
Those Parliamentary inquiries? The first - in 2003 was compromised by its pro self-regulation approach right from the start.
After taking tea with the legal eagles, the Justice Committee went onto conclude there should be no change to lawyers patting themselves on the back after another successful burglary well done.
And the second Justice 2 Committee inquiry in 2006 which promised so much - ended in the brutally watered down Legal Profession and Legal Aid (Scotland) Act 2007 courtesy once more of vested legal interests, hysterical threats from legal chiefs and Law Society arm twisting.
Today as much as yesterday, rogue lawyers still pat themselves on the back for every fraud dodged, every ruined client and complaint put to sleep. Why not? They have ultimate protection from clients, delivered by their very own colleagues at the Law Society of Scotland.
And of course, let’s not forget the Scottish Legal Complaints Commission (SLCC) - trumpeted by the Scots legal establishment as the ‘independent’ face of legal regulation in Scotland since 2008.
Independent? Not.
The Scottish Legal Complaints Commission is run by the same people who looked after lawyers at the Law Society of Scotland - 'Independent' Scots legal watchdog consists of solicitors’ husbands, wives, sons, daughters, cousins, friends, & employers.
The Law Society also appointed Neil Stevenson - one of their own former Directors - to the top CEO post at their friendly ‘indy’ £3m a year SLCC quango earlier this year.
What stunning successes for clients has the SLCC produced since it was created in 2008? Not one: Scottish Legal Complaints Commission - A history of pro-lawyer regulation.
With the accumulating scandals of Scottish lawyers up to no good – from Christopher Hales to John O’Donnell to the usual suspects and more - where the Law Society of Scotland investigates its own, over and over, and pats itself on the back for a job well done protecting colleagues, calls are again now being made to strip lawyers of their powers to police themselves.
The Scottish Sun reports:
The Big Read: Law and disorder
By RUSSELL FINDLAY Scottish Sun, 6 December 2015
CRITICS are calling for an end to the secretive “old boys’ club” which sees Scots lawyers police themselves.
It took the Law Society of Scotland four years to give police details of its probe into an alleged mortgage fraud linked to solicitor Christopher Hales and MP Michelle Thomson.
But legal experts insist this would not have happened if we had the same system of outside supervision that operates down south.
Last night a former Cabinet minister said it is “astonishing” that a trade body remains in charge of disciplining lawyers here.
Ex-Labour MP Brian Wilson said: “It’s clearly an old boys’ club and a closed shop which very much looks after its own.
“The Law Society seems to be under no obligation to report serious wrongdoing to the police until it suits them.
“It’s fundamentally wrong for lawyers to have special status. Scotland needs an independent system of regulation to protect the public.”
In July 2011 the Law Society uncovered a “potential fraud” involving 13 property deals linked to the SNP’s Ms Thomson and others.
It had an agreement at the time to share information with the then-Scottish Crime and Drug Enforcement Agency.
But its “suspicious activity report” on Mr Hales was sent to the London-based Serious Organised Crime Agency, which focused on money laundering and terrorist financing.
The lawyer was suspended in September 2011 but was not struck off until May 2014.
And it took the Law Society another 14 months before it handed over its papers on the case to the Crown Office.
Police were then instructed to probe Ms Thomson — now MP for Edinburgh West.
But today we can reveal cops down south would have been alerted four years ago.
Since 2007 all lawyers in England and Wales have had to answer to the independent Solicitors Regulation Authority.
And an SRA spokesman said: “It is standard practice to disclose information to police should we uncover evidence of suspected criminality.”
Scots Labour shadow justice secretary Graeme Pearson, above right, blasted the Thomson delay, saying: “An early report of suspected criminality is easier to investigate.”
Lawyer and ex-Scotland Yard detective Rowan Bosworth- Davies added: “This should have been reported to local cops as soon as possible.”
In other cases the Law Society has unearthed evidence of suspected criminal behaviour by lawyers — but did not inform police.
So instead of facing trial, briefs had their knuckles rapped by legal colleagues.
And victims of crooked lawyers say the complaints system is stacked against them.
A Law Society of Scotland spokeswoman said: “We work alongside an independent complaints-handling body and independent discipline tribunal.
“Much evidence suggests the system of regulation in England and Wales is more complicated and expensive.
“We are legally obliged to report to the authorities where we have concerns about possible criminality, and we do.”
HITMAN LINK:
An investigator who was knifed more than ten times suspected a lawyer of ordering the hit.
Ex-Law Society boss Leslie Cumming, 71, believed an Edinburgh solicitor, who we cannot name, paid thug Robert Graham to carry out the 2006 attack in the city’s Murrayfield.
Mr Cumming, told us 19 days before he died of cancer in February: “There were two solicitors who were well connected with criminals – he was one looked at”
SNEAK BRIEF:
A SHAMED lawyer dodged being struck off despite breaking money laundering rules.
Glasgow solicitor John O’Donnell, 65, struck a secret deal with the Law Society in 2009 in which he agreed to stop working. He had been found guilty of six counts of misconduct and once “borrowed” £60,000 from an unwitting client.
But the brief used another lawyer’s name to continue duping punters.
Yes correct all the 2007 act did was allow the Law Society to create a spin off SLCC and claim regulation was out of their hands.The whole Christoper Hales case stinks to high heaven.Law Society will be wrapped up in it from the very start long before any complaint against Hales was made and dont forget other law firms involved too.Corruption is rife in anything to do with lawyers,the courts and justice
ReplyDeleteNot one MSP asks why the Law Society of Scotland are allowed to get away with this over and over and over and over again?
ReplyDeleteFinally we are going to find out the truth on the Leslie Cumming 'hit' and who ordered/was involved?
ReplyDeleteAnyone sitting through the 'trial' of the accused must have realised a lot of what the court heard was less than truthful.
Did you read the Law Society's own report on how they whitewashed themselves over Hales and Michelle Thomson?
ReplyDeleteNo wonder it caused such a stink online and in the papers.They are up to their neck in lies along with the Scottish Government and politicians.
As for the politician you cannot end up owning 17 properties using lawyers and legal procedures in Scotland in such a short timescale without someone taking an interest and hoovering up all available information for a rainy day - one of the Law Society's favourite tactics.
http://www.lawscot.org.uk/news/2015/12/law-society-sets-out-conclusions-from-hales-case-review/
The Society carried out a review into its handling of the case which sets out a series of conclusions. The review recommendations have since been approved by its Audit Committee, which is made up of both solicitors and non-solicitors, and the Law Society’s governing Council.
That review concluded that:
The initial Law Society financial inspection of Christopher Hales’ firm in 2011, followed by the rapid suspension within 21 days of that inspection and subsequent prosecution of Hales before the Scottish Solicitors’ Discipline Tribunal (SSDT) worked effectively
A suspicious activity report was submitted to the then Serious and Organised Crime Agency (now the National Crime Agency) in 2011, in keeping with the Law Society’s statutory obligations, shortly after the initial financial inspection of the firm.
There was no formal protocol, including timescales, agreed with the Crown Office regarding the Society carrying out the additional step of passing on the full case file after the SSDT finding,
Allegations that staff members had interfered with the handling of the case for political reasons were not only completely unfounded, but there was no scope for such interference
Then three paras of quotes from Christine McLintock (you can tell they are getting desperate!
Christine McLintock, President of the Law Society said: “As the professional body for Scottish solicitors for over 60 years we take our statutory responsibilities towards the profession and the public very seriously. Through our regulatory committees and the staff team at the Society, we work very hard to uphold the high standards expected of solicitors and to protect members of the public who rely on the advice and services they provide.
“We took swift action after identifying the issues at Christopher Hales’ firm in 2011, which included rapidly suspending Mr Hales from practice and making a suspicious activity report. Following our investigation we prosecuted him before the SSDT, which resulted in him being struck off.
“We said we would examine the issues raised as a result of this case to determine what lessons could be learned. We have now identified where operational improvements can be made and are taking these forward in conjunction with other organisations. This work will be overseen by the Society’s Regulatory Committee, which comprises both solicitors and non-solicitors.”
Two Holyrood attempts to look at the issue and both effectively booted out.What does this tell you?Right!Law Society calls the shots at the parliament and get their way every time no matter what some nasty rat of a lawyer does to their clients.
ReplyDeleteAnother way to look at it is stop feeding the fire.If people were not so stupid in the first place by running to lawyers in a fit of greed or ignorance then self regulation would begin to fall apart.It is so strong because there is so much thieving going on and they have to protect it.If clients did without their fix of sitting in a lawyers office trying to feel important then things would be different.
So why cant we have separate regulation like they have in England?Why are the SNP Scottish Government blocking this when all it takes is a change in the law and no more of the Law Society and their family at the SLCC making up excuses to get their lawyers off the hook.
ReplyDeleteI hear they are still covering up for Penman a lot of rumours going round Kelso about him and families he ripped off the same as you
ReplyDeleteThis is precisely the reason the Law Society have been left alone as self regulator - to ensure politicians and solicitors alike can fill their boots with everyone else's property and assets.
ReplyDeleteThe cops will be steered well away from any wrongdoing by the Law Society as usual and there will be nothing to see so St Nic can rely on a good old fashioned cover up
ReplyDeleteA Law Society of Scotland spokeswoman said: “We work alongside an independent complaints-handling body and independent discipline tribunal.
ReplyDeleteThis is where the lies begin and where the lies end.
Everyone in Scottish Society knows that the Law Society of Scotland runs and controls the Scottish Solicitors Discipline Tribunal and runs and controls the Scottish Legal Complaints Commission?
Therefore, there is zero Regulation of Scottish Lawyers.
The Michelle Thompson's lawyer case once again confirms that the Law Society are above the law, in that they do not have to report incidents of suspected fraud by their members to the police.
Instead, the Law Society of Scotland usurp the police and go directly to the Crown Office, where they cut-deals so that Scottish lawyers are saved from prosecution in a criminal court (the same as every other criminal) and instead are treated as 'special citizens' by being dealt with in-house by the Law Society's own SSDT & SLCC, where they are invariable given a soft sanction.
What about the Scottish lawyer's victims?
The law in Scotland is unconcerned with their Rights! It is only concerned with allowing crooked Scottish lawyers to get off Scot-Free?
@ 10 December 2015 at 18:00
ReplyDeleteTypical unimpressive PR spin from the Law Society of Scotland.
No one was fooled by their conclusions from a report they wrote themselves.
However, it does serve one useful function where the activities of those who speak up to defend vested interests and self regulators are worth a look all on their own ...
@ 10 December 2015 at 17:28
Only if the Crown Office allow ...
@ 10 December 2015 at 20:19
Good point ... the subject matter of the Hales case reveals politicians links to cheap properties just like those in the legal profession and wealthy judiciary quietly engather without much notice ...
They are criminals because of self regulation. Lawyers politicians and the Scottish Government, a triangle of lies and corruption. Only an idiot would trust any of these mendacious reprobates. If you report a lawyer to the Law Society you report dirt to dirt. Nuff said.
ReplyDelete"Even after two Scottish Parliamentary inquiries, the same faces sit proud at their Law Society desks, revelling in their defence of their colleagues. Grim.Almost, horrific."
ReplyDeleteYes,quite so.
Surprise!
ReplyDeleteThe Law Society of Scotland's view is it did nothing wrong in the Hales case and there was no political influence!Rubbish!
Not a credible claim the Law Society can keep Hales and Thomson a secret from the Scottish Government when they claim telling Crown Office in 2011 who would have phoned home to ministers with dire warnings of headlines if word got out!
A Law Society of Scotland spokeswoman said: “We work alongside an independent complaints-handling body and independent discipline tribunal.
ReplyDelete“Much evidence suggests the system of regulation in England and Wales is more complicated and expensive.
“We are legally obliged to report to the authorities where we have concerns about possible criminality, and we do.”
All lies and everyone knows it.
Are the Law Society relying on the argument it is cheaper to self regulate in Scotland than in England?
ReplyDeleteWhat a joke!
The Law Society are involved in hate crime against any client who dare complain about one of their own. Bureaucratic domination is what the Law Society and it's new face the SLCC stand for. When people learn how they work they realize complaining to them is a waste of time and energy.
ReplyDeleteThe Legalized Criminal Law Society of Scotland. A den of untouchable evil.
ReplyDeleteMust make people sick to see the system in Scotland is so corrupt that organisations like the Law Society who are clearly responsible for a lot of destruction are able to survive the way they do
ReplyDeleteThey are all corrupt like their rotten self regulation. They do not want their lawyers jailed, they prefer client suicides they have proved that beyond doubt. Send your complaints letters to the lawyers best pal the SLCC Law Society, same organization just a different face.
ReplyDeleteOBEDIENT CLIENTS THAT IS WHAT WE WANT.
ReplyDeleteThe Law Society and SLCC should be prosecuted for ruining clients lives but that will never happen because the crooked Sheriffs and High Court Judges are the same breed of self regulating criminals. The best advice is to stay away from them, I know that is not always possible but you take great risks when you trust a lawyer who knows his or her partners in crime will bury your complaint. There is no complaints system understand this fact for your own safety. They have robust systems in place to protect corrupt lawyers, you the client are only important for them to make money.
ReplyDeleteEven if the Law Society reported lawyers to the Police I don't think they would do anything about it.
ReplyDeleteTo the person who left this on an earlier post. I have been in your shoes too. Your comment is 100% correct I could have wrote it myself. Oh they hate us alright and they are clones, they all act and talk the same way. It is the way they are trained and they hate clients all they are interested in is money and yes they are the worst form of scum on the planet. As you stated
ReplyDelete"Simply put they hate our guts, when you phone the SLCC the receptionist who answers the call hates you, the person who deals with your complaint hates you, the person who puts the complaint form into the envelope and sends it hates you, and when you go for the mediation meeting the person who greets you also hates you.
Wise up they are the worst form of scum on the planet".
And if you go into any lawyers office once they find out you want to sue your former crooked lawyer the hatred is all over their faces. The smile and what can I do for you statement vanishes instantly. Utter scum all of them.
Evil worthless trash is what they all are, members of the public stay well clear of lawyer trash.
ReplyDeleteThey want to be allowed to steal your inheritance, cover up occupational injuries, take control of your bank accounts, charge extortionate fees, solicitor bar any client who has been ruined, hound you till you kill yourself as has happened before, keep hiding Judicial wealth. They hammer their propaganda about a robust complaints system which is a lie, lawyers hate their clients and see them as useful to make money but wise up, you will not get justice because the lawyer filth is sacrosanct and they regard their clients as idiotic scum.
ReplyDeleteWake up people this system has been designed to ruin you and keep you ruined. They will never prosecute a lawyer because they firmly believe the client is a form of subhuman who exists to serve their financial interests. Heed the warnings, wake up before you get ruined. Lawyers and Judges truly are the scum of the Earth.
Law Society of Scotland: Hello Mr Crown Office, It's the Law Society of Scotland on again, it would appear as though another of our crooked members has been caught red-handed again with their fingers in the till. Remember that secret deal we have with you?
ReplyDeleteMr Crown Office: You mean the one where we allow you to usurp Police Scotland, thereby saving your crooked member from jail and instead allow you to deal with your crooked member In-House?
Law Society of Scotland: Yes, exactly. This secret deal will allow our crooked member to evade justice and be dealt with instead by the Scottish Solicitor's Discipline Tribunal (SSDT), which, as you know, is wholly controlled by the Society to get the outcome we desire?
I cannot believe the foolish Scottish Public still believe the lie that the SSDT & the SLCC are independent of the Law Society of Scotland, when we both know that this could not be further than the truth? Ho Ho Ho
Mr Crown Office: Yes, fools the lot of them. We must however be extremely careful not to allow the Scottish Public find out what we are up to. We dodged a bullet with the Elaine Thompson affair, when the Press and MSP's looking to score political points against the SNP, inadvertently stumbled onto our little deal, which could have landed many of us in jail. Just as well we managed to instruct the Scottish Parliament not to have a Public Inquiry, as we would all be hanging by our necks?
Law Society of Scotland: Agreed. We were very fortunate indeed. We mustn't let the Scottish Public know what we get up to behind closed doors! If they found out that Scottish lawyers were above the law, then there would be Hell to pay?
Anonymous said...
ReplyDeleteTwo Holyrood attempts to look at the issue and both effectively booted out.What does this tell you?Right!Law Society calls the shots at the parliament and get their way every time no matter what some nasty rat of a lawyer does to their clients.
Another way to look at it is stop feeding the fire.If people were not so stupid in the first place by running to lawyers in a fit of greed or ignorance then self regulation would begin to fall apart.It is so strong because there is so much thieving going on and they have to protect it.If clients did without their fix of sitting in a lawyers office trying to feel important then things would be different.
10 December 2015 at 18:25
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Some would argue that the Lord Advocate has gone too far out on a limb in trying to cover-up for the Law Society of Scotland, by pleading with the Scottish Parliament not to instigate a Public Inquiry into this scandal?
Presumably, a Public Inquiry would see the end of the Law Society as we know it and result in a complete shake out of the Crown Office to make sure such corruption was prohibited in the future?
This scandal confirms an unpalatable thought...That the Police in Scotland are NOT independent and that they can do NOTHING to prevent crime being committed with impunity by the Crown Office & the Law Society of Scotland against the Scottish public?
ReplyDeleteCan anyone remember the last time the Law Society of Scotland told the truth?
ReplyDeleteIt would seem as though they themselves have forgotten, it was such a long time ago?
If the Forth Road Bridge collapsed due to a structural engineer's bad design, would the Society of Structural engineers be able to crawl to the Crown Office (instead of reporting their member to the police) to cut-a-deal with the Crown Office to save their member from a criminal prosecution, so that they could deal with their member in-house?
ReplyDeleteNO.
It is just Scottish lawyers who are protected citizens?
Nicola Sturgeon and her MSP's are responsible for Law Society and SLCC corruption because they should be able to create a genuine independent system to give the right-less Scottish consumer of legal services protection. Put the blame where it belongs on the First Minister who is a lawyer. Yes the lawyers puppet is always ranting about looking after the Scottish people until they are against one of her own then she does not want to know. Hell she never talks about Law Society and SLCC corruption but that would be treachery. They are all truly unworthy of the positions their electorate have put them in.
ReplyDeleteI see in Westminster MP's are paying back expenses in secret to protect their reputations, I despair another example of a so called independent regulator. Crooks all of them.