Showing posts with label Professor Frank Stephens. Show all posts
Showing posts with label Professor Frank Stephens. Show all posts

Tuesday, April 26, 2011

CENSORED : Scottish Legal Complaints Commission's secret new Master Policy & Guarantee Fund research 'shuts out' real victims of crooked lawyers

SLCCAnti-client law complaints quango SLCC attempts to keep new Master Policy research secret. SECRET new research being carried out by the anti-client Scottish Legal Complaints Commission (SLCC) into the notoriously corrupt Master Policy & Guarantee Fund client compensation schemes operated by the Law Society of Scotland is so secret the public and media are being shut out of scrutinising the long running ‘half-hearted’ attempt by Scotland’s hapless regulator of complaints against the legal profession to fulfil a pledge in laws created at the Scottish Parliament in 2007 to investigate & oversee growing numbers of claims lodged by ripped-off clients for damages against hundreds of negligent, dishonest & ‘crooked lawyers’ in Scotland’s legal profession.

Master Policy research secrets withheld by ‘independent’ law quango SLCC. Requests made to the SLCC under the Freedom of Information (Scotland) Act 2002 for more details on the nearly three year ‘ongoing’ research being carried out by the SLCC have resulted in scant release of information to the public, who are supposed to be the target of secret questionnaires, the wording of which has been the subject of heated arguments & debate within the SLCC & the Law Society of Scotland for well over a year. The SLCC have even refused to reveal how the questionnaires are to be released and what criteria is being used to select subjects from the many members of the public who have attempted to lodge claims against the Law Society of Scotland’s Guarantee Fund & Master Policy.

Something to Hide ? Scottish Legal Complaints Commission’s new Master Policy Research targets 657 claimants but the forms will be handed out by Marsh ! Little has been revealed of the new research in the releases of documents from the Scottish Legal Complaints Commission although one snippet of detail reveals the “SLCC to arrange for hard copies of the 657 questionnaires to be given to Marsh to send out to claimants.” with all other details from the key documents REMOVED. One of the few things to be revealed by the SLCC is this latest piece of research into the Master Policy is being carried out by Professor Frank Stephen of Manchester University’s School of Law, who co-authored the 2009 report on the Master Policy which documented client suicides and refusals by the Law Society of Scotland & US insurers Marsh to cooperate with the investigation.

One MSP who studied the SLCC’s highly censored release of information queried why there was apparently only one member of the University of Manchester law team mentioned in the new survey where in the earlier 2009 report, there were two.

He said : “While I know Professor Frank Stephen very well, given his duties as advisor to the Scottish Parliament’s Justice Committee on particular pieces of legislation including the Legal Services Bill, I would have thought given the controversial nature of the subject matter under investigation, there should be additional academics brought in from outside the legal sector to ensure that impartiality and credibility is maintained if the results of this secret research are to be believed.”

Secret briefings between the Law Society & SLCC over the Master Policy will remain secret for now. Even briefings between the SLCC & Law Society of Scotland were deemed so sensitive & so secret due to the intense corruption already revealed within the operation of the Master Insurance Policy that details of lengthy SLCC-Law Society meetings were also censored for fear of revealing bitter arguments & heated debates over demands from the legal profession and the insurers the research should not touch on key areas or cover some of the worst examples of claims already revealed in the 2009 report which documented clients who had committed suicide after being harangued by the legal profession over their claims against the Master Policy.

The SLCC’s intention to research claims made against the Guarantee Fund, a fund operated by the Law Society of Scotland which ‘requires’ all solicitors to pay into each year to cover the cost of ‘dishonesty’ in the legal profession where clients funds are fleeced or embezzled by their solicitors has also hit trouble, with the legal profession utterly resistant to any outside scrutiny of the large amounts of claims being made to the Fund, many of which date back over years, resulting in even more financial hardship to clients who have been financially ruined by their lawyers.

Again, the SLCC heavily censored the information regarding their attempt to investigate the Law Society’s Guarantee Fund, and most documents disclosed under Freedom of Information laws suffered severe censorship as can be seen below.

Something more to hide : Scottish Legal Complaints Commission’s Guarantee Fund Research is so secret clients of crooked lawyers should not be told about it.


A senior official from one of Scotland’s consumer organisations branded the SLCC’s investigations into the Master Policy & Guarantee Fund as “appalling” and claimed the law quango was trying to avoid its responsibilities to monitor claims to the Master Policy & Guarantee Fund, duties assigned to the SLCC by the Scottish Parliament in sections of the Legal Profession & Legal Aid (Scotland) Act 2007.

She said : “This is now the second piece of research commissioned by the Scottish Legal Complaints Commission into the Master Policy yet they have not even acted on many of the key findings of the first report in 2009. I do not believe the SLCC is genuinely motivated to make enquiries of either the Master Policy or the Guarantee Fund and they are simply trying to prolong the issue to the point no action will be taken with regard to its monitoring role.”

One client told how he ended up falling victim to what he called “a six year nightmare which tore his family apart” after he tried to claim compensation for the loss of over £120,000 & property titles to a crooked lawyer who still works and has connections to several Council members of the Law Society itself.

After being told of the secret new research being carried out by the SLCC into the Master Policy, he said : “The SLCC haven't asked me to participate in this survey and I know why. Its because I will tell the truth about what the Law Society and their insurers did to my family to stop me getting back what my solictor stole from me. The whole Master Policy thing is a scam from start to finish and no one gets back what has been taken from them as far as I can see.”

While the SLCC were not available for comment over the Easter period, a source close to the commission claimed its board were hoping the results of the new research could be used to discredit the earlier 2009 report and gloss over the most controversial findings & comments of that report, carried out by a two member University of Manchester team, Professor Frank Stephen & Dr Angela Melville, more of which can be read here : 'Ground-breaking' investigation into Law Society's Master Policy insurance reveals realities of corrupt claims process against crooked lawyers and here : Suicides, illness, broken families and ruined clients reveal true cost of Law Society's Master Policy which 'allows solicitors to sleep at night'

Page 8 - Consumer Focus Scotland refused cooperation from Law SocietySuicides, illness, family breakdown, loss of homes, loss of livelihood were all identified by interviewees as being directly associated with members of the public’s dealings with the Law Society & Master Policy. During the research team's investigation of claims against the Master Policy, team members were told of suicides which had occurred due to the way in which clients of crooked lawyers had been treated by the Law Society of Scotland and the insurers who operate the Master Policy protection scheme for solicitors against negligence claims. Quoting the report : "Several claimants said that they had been diagnosed with depression; that they had high blood pressure; and several had their marriages fail due to their claim. Some had lost a lot of money, their homes, and we were told that one party litigant had committed suicide."

Law Society of ScotlandLaw Society officials linked to suicide of client who claimed against the Master Policy. The suicide of one client who had dealings with the Master Policy, is apparently linked to senior officials at the Law Society of Scotland itself, who, when approached by the client to handle a complaint against his solicitor who had made major errors in handling legal business, recommended to the now deceased client he approach a well known firm of solicitors to sue his original solicitor and pursue a claim against the Master Policy for negligence. However, what the client did not know was the law firm which the now promoted Director of a department at the Law Society had recommended he approach, actually represented the Legal Defence Union, which exists to defend solicitors against both claims & complaints from clients, and who are involved in defending solicitors against over two thirds of the thousands of complaints made annually against lawyers by members of the public in Scotland.

The client, a farmer and co owner of a business, went onto unknowingly engage the law firm recommended to him by the still serving senior Law Society official, however, unsurprisingly, little or no progress was made over a lengthy period of time on the client's claim against the Master Policy, which in itself, caused severe stress and depression to the client and his family.

Matters reached the stage where the law firm, recommended to the client by the Law Society itself had done little on the case, and offered no hope of a just & fair resolution to the huge losses caused by the client's original solicitor, one evening, not long after yet another unsuccessful meeting with his solicitors, the client in question had reached a point of such depression, he committed suicide at home using a shotgun, leaving his widow & children. Several days after the client’s suicide, the same Law Society official who has been in charge of regulation for almost twenty years and who had recommended the law firm which had done nothing to proceed the deceased client's claim and take the original 'crooked lawyer' to court, wrote to the widow of the victim and callously informed her she had two weeks to make a complaint to the Law Society or she would be time barred.

The case itself, was investigated by the then Scottish Legal Services Ombudsman Linda Costello Baker, in 2001, who found the Law Society of Scotland had failed the deceased client and ordered they re-investigate the complaint. The Law Society then proceeded to investigate the complaints again, however reaching the same conclusions, which prompted the widow of the deceased client to return to the SLSO, Ms Costello Baker, who again investigated in 2003 and judged the Law Society had failed once more.

At least two other suicides directly associated with clients dealings with the Master Policy are known, where in both cases, clients appeared to have been put under intolerable pressure, delay, deceit and intimidation by lawyers, the Law Society itself, and the insurers to the Master Policy, that the result of the entire process was to cause the claimants to end their lives after breaking under the strain of dealings with the apparently deadly Master Policy insurance scheme.

Further excerpts from the Manchester University report into the Law Society's Master Policy & Guarantee Fund show the intolerable strain clients who attempt to claim against their 'crooked' solicitor have to endure : Claimants "described being intimidated, being forced to settle rather than try to run a hearing without legal support, and all felt that their claims’ outcomes were not fair. Some claimants felt that they should have received more support, and that this lack was further evidence of actors within the legal system being “against” Master Policy claimants. Judges were described as being “former solicitors”, members of the Law Society – and thus, against claimants. Some described judges and other judicial officers as being very hostile to party litigants."

Jane IrvineSLCC Chair Jane Irvine ‘well aware of long running problems & corruption at the Law Society, Master Policy & Insurers’. Insiders at the Scottish Legal Complaints Commission claim Jane Irvine, the current SLCC Chair “is well aware” of the suicide case and many other difficulties encountered by clients attempting to register claims against the Master Policy & Guarantee Funds, many of which were brought to the attention of Ms Irvine and also her predecessor at the Scottish Legal Services Ombudsman, Linda Costello Baker, yet the SLCC has chosen to do nothing on its monitoring role after three years of operation and several of the SLCC’s board members now appear to exhibit intense personal prejudice against clients who dare attempt to claim back financial damages inflicted on them by their legal representatives.

One source close to the commission said over the weekend : “This is the Scottish do nothing Complaints Commission and they definitely do not want to hear about crooked lawyers. Jane Irvine and the rest of them know the score on the Master Policy but all the indications are they don't want to do anything about it just in case they reveal the truth we all know which is the Law Society and its insurers are rotten to the core. All the top brass seem to be concerned about these days is keeping money in the bank and holding onto their salary packages.”

The source continued : “Get Irvine to publish the reports on the Master Policy suicide case in Oban and you will see just how rotten the Law Society & Marsh really are.”

Tuesday, May 12, 2009

Scots public urged to take part in Commission's survey on claims made against lawyers with Law Society's Master Policy & Guarantee Fund

SLCC squareScottish Legal Complaints Commission has began research into compensation claims against rogue solicitors. Clients of Scottish solicitors who have tried to pursue claims for poor work, fraud, embezzlement, theft and other failures of legal service by their legal representatives are being asked to take part in an investigation into how such claims are handled by the Law Society of Scotland's client compensation schemes, known as Master Policy and Guarantee Fund.

Researchers from Manchester University, Professor Frank Stephens and Dr Angela Melville have been engaged by the Scottish Legal Services Commission to conduct research into aims and function of the Law Society of Scotland’s Master Policy and Guarantee Fund. Professor Stephens and Dr Melville are particularly interested in people’s experiences of bringing a negligence claim against a solicitor or advocate or making a claim against the Guarantee Fund, as well as views on the operation of the policies more generally

The SLCC has been forced to investigate the alarming failures of the Scots legal profession to pay out damages claims made by potentially thousands of clients against an ever increasing tide of rogue lawyers, due to the fact it has an official monitoring role, which some within the Commission are apparently reluctant to pursue to the fullest extent possible for fear of damaging revelations to the Law Society.

EXCLUSIVE Lawyer sued for 1millionSome lawyers such as John G O’Donnell have 21 negligence claims made against them and still continue practising. Most solicitors who face client claims to the Master Policy & Guarantee Fund, have in many cases financially ruined their clients but still remained in practice due to closed shop investigations by the Law Society of Scotland which have protected thousands of solicitors from client clains & complaints, many of a serious nature involving missing funds, thefts from wills & deceased family members estates, costly case failures, and overcharging on legal fees, which due to the financial downturn, has recently seen many legal firms issue 'fake' bills to clients alleging money owed on non existent work.

Dr Angela Melville, speaking to "Diary of Injustice" said of her ongoing research into the Master Policy & Guarantee Fund claims, "We want to know about their personal experiences of making a claim against either the Master Policy or the Guarantee Fund, and their views more generally on the aims and operation of the Master Policy and the Guarantee Fund".

Anyone wishing to take part in the survey can contact Dr Melville at Angela.L.Melville@manchester.ac.uk or if anyone wishes to be interviewed on their experiences, they can telephone Dr Angela Melville on 0161 275 3580, or leave a message on 0161 306 1262.

Dr Melville suggested some questions for those who wish to contact her with their experiences of the claims process to both the Master Policy & Guarantee Fund :

1. When did you initiate the claim, and was it against the Master Policy or the Guarantee Fund ?
2. What happened that raised a claim ?
3. Did you represent yourself, or did you obtain (or try to obtain) legal representation ?
4. Did you run into any problems trying to bring the claim ?
5. What was the claim’s outcome ?
6. Do you think that you have been dealt with fairly ?
7. How satisfied are you with both the process of resolving the claim and the claim outcome ?
8. What do you feel should be the aim of the Master Policy /Guarantee Fund ?
9. Do you feel that the Master Policy /Guarantee Fund is achieving this aim?
10. Do you feel that there is anything about the Master Policy /Guarantee Fund that needs to be addressed?

Which 2Which? are to be contacted over claims against crooked lawyers research. Dr Melville added the research team would be contacting Consumer Focus Scotland and Which?, who have recently been instrumental through their 'supercomplaint' to the Office of Fair Trading, in pursuing reforms of the Scots legal profession's monopolistic business model which has for years, effectively placed a stranglehold on public access to justice & legal services in Scotland.

Which? and Consumer Focus Scotland also recently supported the McKenzie Friend petition at the Scottish Parliament, calling for the 39 year exclusion of McKenzie Friends from the Scottish Courts to be lifted, allowing party litigants to call on a service engaging a legal adviser to assist them during their representation of their own legal affairs in court.

Law Society of ScotlandLaw Society of Scotland’s client compensation schemes condemned as corrupt. Both the Master Policy and Guarantee Fund compensation schemes run by the Law Society of Scotland have been regularly criticised from all quarters, including Government Ministers, as being prejudiced in their operation against clients, self serving, self protective of dangerous solicitors who ramp up significant but secret claims records, slow to pay out, deliberately difficult in their claims handling philosophy and of course, corrupt.

The Master Policy, exists to handle client claims of negligence against Scottish solicitors, with the Law Society regularly arguing it plays no part in claims processing to the fund, rather cases are handled by the insurers, Royal Sun Alliance, and the infamously corrupt Marsh, who were themselves caught up & pled guilty to corruption charges in the US several years ago.

Clients have had such difficulty in making negligence claims to the Master Policy against their solicitors negligence, officials from Royal Sun Alliance were forced to admit in staggering revelations to the Justice 2 Committee during their LPLA Bill investigations that less than 1% of claims to the Master Policy reached court.

Claims to the Law Society of Scotland’s Guarantee Fund, which supposedly exists to compensate clients for a solicitor’s theft of their funds, have faired little better, as I reported earlier here : Law Society's 'Guarantee Fund' for clients of crooked lawyers revealed as multi million pound masterpiece of claims dodging corruption.

John SwinneyJohn Swinney revealed Law Society regularly interfered in claims against crooked lawyers. However, it was left to the now Cabinet Secretary for Finance, John Swinney MSP, to tackle Douglas Mill, the ex Chief Executive of the Law Society over startling revelations from Mill's own memos that the Law Society of Scotland were actively involved on a regular basis in delaying and effectively killing off client's negligence claims against crooked lawyers.

Douglas Mill 4Douglas Mill was forced out of Law Society top job by John Swinney’s revelations of a claims fixing policy. The video of this confrontation between Mr Swinney and Douglas Mill eventually led to Mill's resignation as Law Society Chief in early 2008, his position becoming untenable over the raft of revelations of corruption at both the Law Society itself and in the claims handling procedures of the Master Policy and its insurers, RSA, and brokers Marsh UK.

John Swinney's confrontation with Law Society Chief Douglas Mill led to revelations of a policy of protection for crooked lawyers against client claims & complaints.

You can read an earlier report I wrote on the outcome of the confrontation between John Swinney & Douglas Mill here : Law Society boss Mill lied to Swinney, Parliament as secret memos reveal policy of intervention & obstruction on claims, complaints. and of Mr Mill's eventual downfall here : Breaking News : Law Society Chief Executive Douglas Mill who lied to Parliament, pursued 'personal vendetta' against critics - to resign

So, my advice to all readers is if you have tried to make a claim against your solicitor for a failure of service which impacted on you financially, please take the time to take part in this survey, as the more respondents give their views, the larger and clearer the picture of how the claims process against the legal profession actually works.