Friday, November 04, 2016

NAME & SHAME: Scots consumers denied records checks on lawyers - as Solicitors Regulation Authority propose detailed public register of lawyers in England & Wales

UK Solicitors regulator plans to publish more data on lawyers. A PROPOSAL to publish more detailed information about law firms and solicitors in a public register has been launched by the Solicitors Regulation Authority (SRA) – the body charged with investigating solicitors in England & Wales.

The move to advance consumer protection south of the border by the English legal regulator could help consumers make more informed choices on the use of legal services, and result in a more competitive legal sector with higher standards of service and client care.

However, this is in stark contrast to Scotland, where DOI recently reported on the Scottish Legal Complaints Commission (SLCC) who refuse to publish any useable information to Scots consumers which could help clients steer clear from corrupt lawyers and law firms.

The report, available here: FROM ROGUES TO RICHES: SLCC refuse to identify corrupt solicitors in case findings revealed SLCC determination decisions are heavily redacted and only published after being approved by the Law Society of Scotland, leaving Scots consumers at a considerable disadvantage to consumers in England & Wales.

However, and with the advantage of not being held back in the middle ages by the Law Society of Scotland, the England based Solicitors Regulation Authority has launched a discussion paper, "Regulatory data and consumer choice in legal services” exploring what information the SRA could publish through a public register.

The proposed public register already allows consumers to check up on lawyers via the SRA’s Check your solicitor’s record service reported earlier here:  INSPECT YOUR ROGUE: Check your solicitors’ record in England.

The SRA suggests that consumers could benefit from information such as a solicitor’s qualifications or practice restrictions, and complaints data and insurance claims. The SRA also considers what information law firms might want to publish voluntarily, such as quality marks and service prices.

The proposals echo recent calls by the Competition and Markets Authority's (CMA), in its interim report on its market study, as well as from the Legal Services Consumers Panel (LSCP), to improve the level of information available for consumers. The SRA agrees that a lack of clear, targeted information means it is difficult for consumers to compare providers and make informed choices. This is dampening competition in the sector.

Better information could help tackle the problem that the legal needs of individuals and small businesses are not being met.

Only one in ten people use a solicitor when they have a legal problem. And legal problems are estimated to cause small businesses almost £10 billion of losses a year, yet 83 percent of the population see legal services as unaffordable.

Greater transparency would also bring legal services more in line with other sectors, such as financial services and energy, where regulators are already making sure consumer-focused information, such as complaints data, is available.

The SRA recognises that there needs to be careful consideration of the implications of publishing more information. Risks to consider include increased burdens on firms and a one-size-fits-all approach working well for some and not others. For example, the needs of corporate clients will be different to those of an individual consumer.

Paul Philip, SRA Chief Executive, said: "Most people and small businesses are still not accessing legal services. When they do, they are not shopping around. It is unsurprising when the information out there is so limited.

"We want to help consumers, so they are not left making blind choices. Information such as enforcement action, complaints and claims data are exactly the type of things I would want to know when choosing a solicitor.

"We know that the public look to the regulators to provide credible, authoritative, objective information.

"If we get this right, we could help create a more competitive market, where consumers can make better choices and forward-thinking firms thrive. It will also help small businesses access the legal services that could help them succeed and grow.

"Yet we need to think carefully about what we publish and how. More information will not benefit consumers if they find it confusing, hard to access, or it is unhelpful. We have also made good progress on getting rid of unnecessary burdens on firms. We will not ask firms to do more in this area, unless there is a clear benefit.

"This is just the start of a discussion, so we are keen to hear what everyone thinks."

The SRA has already taken steps to improve the information available to consumers by publishing its law firm search in April. And it already publishes details of enforcement action. Publishing useful data in one place would not only help consumers directly, but indirectly as data re-publishers could use it to develop comparison tools that could help make the market more competitive.

The SRA plans to consult on proposals in this area next year. Its discussion paper can be found at: www.sra.org.uk/choice. Closing date for submissions to the consultation is 26 January 2017 submissions.

SRA law firm search can be found here: www.sra.org.uk/consumers/using-solicitor/law-firm-search/about-search.page

The CMA's interim report looking at ways to improve competition in legal services by increasing information for consumers is available at: www.gov.uk/government/news/cma-seeks-views-on-ways-to-help-legal-services-customers.

The Legal Services Consumer Panel's research, "Opening up data in legal services (PDF 36 pages, 625K)"

SCOTLAND: Legal Services Consumers held back by Law Society of Scotland & self regulation.

Away from the fantastical claims of the Law Society of Scotland, the oh-so-easy free pr and spin of how the Law Society protects access to justice while offering client protection, the fact is, consumers of legal services in Scotland have no chance whatsoever of selecting a legal representative based on their regulatory history – because the Law Society of Scotland refuse to publish any detailed regulation histories of their members.

Just how bad is the Law Society of Scotland when it comes to protecting consumers? The answer is very bad. Read previous articles on the Law Society of Scotland here: Law Society of Scotland - A history of control of the legal profession, and no client protection.

A BBC Scotland investigation “Lawyers Behaving Badly” exposed further weaknesses in the Law Society of Scotland’s system of control freakery self regulation. The BBC programme lifted the lid once more on lawyers investigating their own, how dishonesty plays out at the Scottish Solicitors Discipline Tribunal, and legal aid fraud.

A recent DOI investigation into the Scottish Legal Complaints Commission revealed most of the SLCC’s key staff and investigators are in-fact families, friends & business associates of solicitors, reported here: 'Independent' Scots legal watchdog consists of solicitors’ husbands, wives, sons, daughters, cousins, friends, & employers.

Previous media investigations, reports and coverage of issues relating to the SLCC can be found here: Scottish Legal Complaints Commission - A history of pro-lawyer regulation.

Previous reports on the Scottish Solicitors Discipline Tribunal – The pro-lawyer tribunal which determines ‘punishments’ for solicitors after complaints have endured an eternity at the Law Society & SLCC, can be found here: Scottish Solicitors Discipline Tribunal - Pro-lawyer protection against client complaints

27 comments:

  1. They only get away with this because Scotland has their own legal system and the Law Society of Scotland sit at the top as fat corrupt controller.

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  2. should be same for Scotland just like in England

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  3. Complain clients if you want but don't expect justice. Expect to be shunned by every lawyer and their unions because that is what will happen, that is the way it is. The Law Society know every lawyer in Scotland has been reported to them many times and the place should be shut down. But the MSP's God they are worse than the Law Society, just ask one to help you and you will see what I mean. Self regulation is there to bypass public scrutiny of lawyers conduct with two outcomes.

    They steal legally and no one is allowed to know about it.

    You clients are ruined legally, oh yes it's legal and that is what makes it worse. Self regulation makes it legal to steal with impunity which is why they want to keep it.

    Stay away from lawyers for your health wealth and sanity. No public register in Scotland because they are all criminals, just like our loyal MSP's. Self explanatory really.

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  4. From last article.

    Alistair Cockburn Chairman, Scottish solicitors discipline tribunal replies: It is robust in the sense that it doesn’t just give convictions on the basis that somebody’s brought before us charged by the Law Society. We are mindful, particularly when reminded of the lay members, of a duty to the public.
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    Is it so robust they need reminded by law members, says it all really. My idea of robust is that lawyers who steal clients money or other assets should never work as lawyers again.

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  5. One of the reasons I suspect Scotland fails to attract legal business from abroad and England is the more premiere market for property and courts.

    Like you I read the constant stream of claims from the Law Society in relation to billions of pounds worth of business but if you ask high street law firms the business is not really there and they are stuck with the same or decreasing numbers of clients.

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  6. Excellent report, no doubt Scotland's legal grandees are less than pleased with the way things are developing in the rest of the UK - expect some senior figures here to travel, at our expense, to offer their views.

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  7. @ 4 November 2016 at 16:09

    The problem with legal business in Scotland is the tail wags the dog, and at the top, there are a few thugs in the top jobs.

    High Street solicitors and others can complain as much as they want about a lack of business however, as long as the Law Society with the same people in the same jobs for decades control the profession nothing is going to change.

    @ 4 November 2016 at 16:17

    If only consumer organisations in Scotland would campaign on behalf of consumers for records checks on solicitors ... the omission of no records checks on lawyers in Scotland compared with England & Wales is extreme.

    One really has to wonder why consumer groups have failed the public so badly in Scotland on this point.

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  8. Well at least now you published the fact people can check solicitors records in rUK at least someone should be asking questions why this is not the case in Scotland.Equal treatment for consumers!

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  9. I tried the SRA search and found some regulation decisions on a lawyer so their service does produce results.Cannot find any such information on several lawyers and firms in Scotland so yes there is an imbalance between Scotland and England.

    If someone in England is able to check their solicitor's history then wants to use a solicitor in Scotland they cannot do same therefore a problem exists and obvious lack of consumer protection in Scotland.

    However in Scotland where you cannot check your solicitor's history but are able to check an English solicitor's history is a very unfair situation to my mind so as you say consumer groups should be campaigning on this very issue.

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  10. How did the SLCC manage to stuff their ranks with lawyers families and friends without someone noticing?What a horrible gang no wonder crooked lawyers get away with it!

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  11. At the rate prices are going up and property going down no one will have any money left to hand over to lawyers and add to this the UK govt hellbent on destroying Britain with Brexit the lawyers who dont have any clients left to steal from will end up demanding more legal aid from the government to keep them afloat.

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  12. A detailed public register of lawyers for England & Wales great idea!Now we need exactly the same in Scotland except any register has to be published by someone other than lawyers because the Law Society cannot be trusted!

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  13. The root of the problem is that the Law Society, SLCC SSDT are more dishonest and corrupt than those they claim to regulate to protect clients. Wisen up you trust a lawyer are it goes wrong you are doomed and the crook that robbed you will be free to rob the next victim.

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  14. and why not!If people are allowed to check their lawyers record in England we should be allowed to do it too!

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  15. Self regulation is as effective as complaining to your own lawyer about his or her conduct. It has nothing whatsoever to do with justice. Their so called robust complaints system is very robust in that it keeps crooked lawyers working. That is what is was created for. Your complaint will go in the bin because Big Brother controls everything.

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  16. All lawyers and firms are corrupt. There are no powers to stop them being so, and they know it.

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  17. You got a real bashing at the h*tler youth law meet about broadcasting the SRA's check service.Certain people not keen you are giving impoverished clients advice on what to ask about legal reps..

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  18. Anonymous said...

    How did the SLCC manage to stuff their ranks with lawyers families and friends without someone noticing?What a horrible gang no wonder crooked lawyers get away with it!

    4 November 2016 at 19:25

    Answer;Because the Law Society of Scotland controls the entire complaints process that's why.And when you write to your MSP asking for help a fella at the Law Society calls them in for a meeting and you get nowhere just a bunch of letters going to and fro.

    As Peter said before you don't need to be a rocket scientist to figure out what is going on.

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  19. Surgeons death rates already published so why not solicitors records and why are the Scottish press avoiding pointing out the fact you CAN check up your lawyer in England but not in Scotland!Phone call from the Law Society eh?

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  20. 3/4 Scottish lawyers are either crooked dodgy or dishonest so their records reek with complaints.

    Thing is as you well know Peter the Law Society of Scotland already hold this information in their vaults and use it to manipulate the members and keep them in line.

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  21. Over the years Diary of Injustice must have cost the legal profession millions of lost revenue and informed the public how crooked lawyers and their unions are. I think this is wonderful, keep up the great work thanks.

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  22. Anonymous said...

    How did the SLCC manage to stuff their ranks with lawyers families and friends without someone noticing? What a horrible gang no wonder crooked lawyers get away with it!
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    Its the Law Society in another office.

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  23. The deafening silence from so-called 'Consumer Groups' in Scotland is self explanatory..................they have been bought and paid for!

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  24. Anonymous Anonymous said...
    I tried the SRA search and found some regulation decisions on a lawyer so their service does produce results.Cannot find any such information on several lawyers and firms in Scotland so yes there is an imbalance between Scotland and England.

    If someone in England is able to check their solicitor's history then wants to use a solicitor in Scotland they cannot do same therefore a problem exists and obvious lack of consumer protection in Scotland.

    However in Scotland where you cannot check your solicitor's history but are able to check an English solicitor's history is a very unfair situation to my mind so as you say consumer groups should be campaigning on this very issue.

    4 November 2016 at 19:02

    ==========================================================================

    Consumer group WHICH tried to take them on and gave up very quickly and why, because they really couldn't care less what happens to the people. People in general only try to change things if something bad happens to them.

    We are the problem for letting them get away with it. Do you think if the same thing was happening in France they would put up with it, I think not.

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  25. Very impressive blog.Gratifying to see truth laid bare about the law and attorneys so much more reality than the usual sponsored news we are fed about lawyers and judges by vested interests

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  26. There should also be a register exposing those people in public bodies like councils and regulators who do favours for lawyers to get up the career ladder or make money on the side I am sure you know exactly what and who I am talking about because time and again there are jobsworths in local councils and public services including the Police who target and intimidate the public on behalf of their friends in the legal trade or whoever asked them to stitch someone up in return for a bung or other gain.Your article on court clerks taking hospitality (bribes) from lawyers exposed same so no reason to disbelieve same does not happen in other public services including councils public bodies and politics.

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  27. Anonymous Anonymous said...
    From last article.

    Alistair Cockburn Chairman, Scottish solicitors discipline tribunal replies: It is robust in the sense that it doesn’t just give convictions on the basis that somebody’s brought before us charged by the Law Society. We are mindful, particularly when reminded of the lay members, of a duty to the public.
    ----------------------------------------------------------------------------------------
    Is it so robust they need reminded by law members, says it all really. My idea of robust is that lawyers who steal clients money or other assets should never work as lawyers again.

    4 November 2016 at 15:44
    fraudalertfraudalertfraudalertfraudalertfraudalertfraudalert

    The problem is that the Law Society of Scotland is a criminal organisation that is above the law.

    The Law Society of Scotland controls the SSDT & SLCC, making them propaganda, fake organisations which were designed to fool the Scottish people into believing that these crooks were subject to the rule of law but where the intention is the exact opposite.

    There is no regulation of Scottish crooked lawyers, instead crooks like Cockburn bend over backwards to allow them to continue their criminal careers against the Scottish public, whilst sniggering and sneering at us.

    They think it is funny that they can commit crime and get away with it and let their criminal pals off with perverse false rulings, in order to humiliate their victims.

    Remember too that it is the Scottish MSP's who are in bed with the Law Society of Scotland.

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