Sunday, June 30, 2013

GESTURE MOTION : Law Society face claims ‘banned’ rogue lawyer was hidden by legal colleague to dodge Court of Session interdict hearing

Law Society fails to sniff out rogue lawyerLaw Society ‘knew’ banned rogue lawyer was being hidden by legal colleague. SEVEN MONTHS after the Law Society of Scotland claimed in court they could not serve court papers on a well known rogue solicitor because he had disappeared from public view, it has emerged the lawyers self regulator knew all along where their colleague was hiding out – in the posh house of another solicitor who works for a Glasgow based law firm.

Last October, the Law Society of Scotland told the Court of Session the now former solicitor John G O’Donnell was “nowhere to be seen” and this was making it difficult for the regulator to serve him with a banning order forbidding him from posing as a solicitor.

However, even as the Law Society told the Court of Session they could not find the rogue solicitor, journalists quickly located O’Donnell’s posh hideout in Glasgow, that of a house owned by a currently working solicitor linked to O’Donnell, and known to the Law Society of Scotland.

Speaking to Diary of Injustice last week, a legal insider described last October’s hearing at the Court of Session as “a sham” after it became apparent senior figures at the Law Society of Scotland knew exactly where O’Donnell was even though the judge was told otherwise.

The hurried attempts by the Law Society to act on the negative publicity, culminating in the action at the Court of Session last year only came about after further investigations by the Sunday Mail newspaper revealed O’Donnell had been involved in a scam where people desperately in need of legal assistance were sent to him by ‘would-be solicitors’ who worked for Hamilton Citizens Advice Bureau.

In a particularly shocking case, the Sunday Mail revealed O’Donnell had among over victims, targeted elderly widow Elizabeth Campbell. Papers obtained by the newspaper revealed that Gilbert S Anderson who worked as an ‘In-Court adviser for Hamilton Citizens Advice Bureau had sent Mrs Campbell to O’Donnell, who was posing as deceased solicitor Colin Anderson.

It was also revealed the Hamilton Citizens Advice worker sent the rogue solicitor a handwritten note saying “possibly in my mind a cash for Colin £3000” indicating he hoped O’Donnell would be able to scam plenty of cash from the elderly widow. Diary of Injustice reported on the case involving John O’Donnell & Gilbert Anderson, here : Crooked lawyer impersonates DEAD COLLEAGUE to lure clients in fraud scam as Law Society of Scotland’s self regulation of solicitors fails yet again

Of particular interest to the current case against O’Donnell is that Elaine Motion QC of Balfour & Manson who is currently representing the Law Society of Scotland in the Court of Session against John G O’Donnell, has previously represented the Law Society against O’Donnell at hearings before the Scottish Solicitors Discipline Tribunal.

Legal observers following the O’Donnell saga have drawn attention to the fact that during one earlier attempt to prosecute O’Donnell before the SSDT, legal representatives of the rogue lawyer tried to broker a secret deal with the QC at a Law Society Christmas party in 2009.

A ‘limited account’ of the 2009 Christmas party meeting between QC Elaine Motion & solicitor Steven Gold who acted for O’Donnell, was 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 as an example of double dealing behind the closed doors 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.”

So far, the Lord Advocate & Scotland’s Crown Office & Procurator Fiscal Service (COPFS) have apparently refused to become involved in the case, instead preferring the matter remain a one for lawyers looking after their own.

However, with claims surfacing from individuals that O’Donnell has undertaken new ‘legal work’ since last October’s court hearings, there are serious questions over the resolve of the Law Society to make an example of O’Donnell and many other rogue lawyers who escape any penalty or prosecution for their sharp practices against vulnerable clients in Scotland.

If you are a victim of rogue solicitor John G O’Donnell, tell us more about your case and any dealings with him by contacting us at scottishlawreporters@gmail.com

The Sunday Mail’s report of last October on the O’Donnell case :

Banned lawyer faces new court date - Sunday Mail Oct 28 2012BANNED LAWYER FACES NEW COURT DATE

A rogue lawyer is being hunted by watchdogs so they can tell him he's banned - again.

John O'Donnell, 62, has been accused of breaching a ban on working as a solicitor following a Sunday Mail probe.

The Law Society of Scotland's Elaine Motion is trying to take him to court but does not know where he is.

O'Donnell has been repeatedly rapped for professional misconduct and negligence.

The Law Society won an interim interdict at the Court of Session Edinburgh three years ago, banning him from posing as a solicitor. Six Months ago, we revealed that O'Donnell was allegedly using another lawyer's identity to beat the ban.

That prompted the Law Society to take action against him for flouting the interdict.

One source said : "The problem is that he's nowhere to be seen and does not appear keen to make himself available."

The Law Society said : "John O'Donnell does not hold a current practising certificate and therefore cannot practise as a solicitor in Scotland.

"The Law Society applied to the court to serve notice - by way of an advertisement in the press - of an alleged breach of an interim interdict."

"The Interim Interdict included an order preventing Mr O'Donnell from holding himself out as entitled by law to practise as a solicitor."

"The application to service a notice was granted by the court on October 16"

43 comments:

Anonymous said...

Not surprised to hear this.The Law Society are probably paying for his food and lodgings to keep him out of sight.

Anonymous said...

and the judge just sat there and swallowed the lot right?

Anonymous said...

What is he currently up to?Posing as a secretary for the GBA?lol

Anonymous said...

The Law Society is the heart of the legal mafia.

Anonymous said...

So there is damning evidence to suggest that the Law Society of Scotland has lied to the Court via it's QC.

Clearly both have very serious questions to answer, and Lord Gill better do so immediately if the whole legal system is not to be confirmed, once again, to be nothing more than a corrupt, self-serving sham worthy of a third world Banana Republic.

Anonymous said...

This happens more often than you may realise.

At one SSDT hearing it was claimed the solicitor being prosecuted was not in the country and the hearing was put off.

The solicitor was actually playing a round of golf with a senior partner and a Law Society committee member who has been guiding him on what to say at the hearing.

Anonymous said...

http://www.dailymail.co.uk/news/article-2352107/Legal-aid-lawyers-milking-pointless-migrant-appeals-Nine-cases-thrown-number-reviews-soars-10-000-year.html?offset=0&max=100#comment-33686948

Anonymous said...

Elaine Motion's name cropping up yet again in what appears to be defeating the ends of justice?

When are the Police going to be allowed to investigate O'Donnell and the Law Society's own Lawyer Elaine Motion for what seems to be clear and overt criminal behaviour?

Anonymous said...

Law Society ‘knew’ banned rogue lawyer was being hidden by legal colleague......

Not surprised DOI, you have educated many people regarding the cesspit of corruption the Law Society is. But people are becoming more critical especially with the revelations in the press about the Legal Aid cuts upsetting the legal fraternity. If they cared about clients rights the way they care about ££££££££££££ they would be a respected profession rather that the self serving, self protecting crooks they actually are.

They will never change of their own accord, but their collective reputations are heading for the abyss.

Anonymous said...

Oh dear you are causing trouble again and there is a lot more to the O'Donnell interdict than has appeared in the press..

Get detecting..

Anonymous said...

There is no honesty within this profession. Criminals who repeatedly ruin members of the public because there is no deterrent. The Law Society are a totally just union but only if you are a lawyer. An asymmetrical cover up system devised by them to save them as the protection of Mr O'Donnell highlights perfectly. In truth they are all Mr O'Donnell. No wonder they want to keep this system that has made theft of clients assets legal, because the legal profession are their own peers.

Where there is no enforcement of the law there is no illegality, it is a free for all within the legal profession because they know the complaints system is a bureaucratic safe house.

Anonymous said...

Is this the same tweeting Elaine Motion who was banging on about meeting former President Clinton the other week at the Scottish Business awards?

https://twitter.com/elainemotion97/status/348351619114606594

Anonymous said...

"The problem is that he's nowhere to be seen and does not appear keen to make himself available."............Ha ha he is not visible, just like your invisible complaints system dear Law Society of Scotland. I would not trust any lawyer worldwide. One of your practicing membership taught me this valuable lesson for life, then I was solicitor barred, and you refused to investigate which taught me what you all are. Wise people avoid all lawyers as far as is practicable.

If supermarkets were structured like the legal profession there would only be one company worldwide. That is called domination.

Anonymous said...

Blimey!The QC cant catch a crooked lawyer but she can meet up with an ex President who lied to his own country!

Maybe she should take to twitter and ask us to find O'Donnell!

Anonymous said...

amazing what crops up at these xmas jollies!

Anonymous said...

Anonymous said...
"The problem is that he's nowhere to be seen and does not appear keen to make himself available."............Ha ha he is not visible, just like your invisible complaints system dear Law Society of Scotland. I would not trust any lawyer worldwide. One of your practicing membership taught me this valuable lesson for life, then I was solicitor barred, and you refused to investigate which taught me what you all are. Wise people avoid all lawyers as far as is practicable.

If supermarkets were structured like the legal profession there would only be one company worldwide. That is called domination.

1 July 2013 13:48
ddddddddddddddddddddd

Scottish lawyers are the worst in the whole world though because they are all above the law?

Anonymous said...

Anonymous said...
Law Society ‘knew’ banned rogue lawyer was being hidden by legal colleague......

Not surprised DOI, you have educated many people regarding the cesspit of corruption the Law Society is. But people are becoming more critical especially with the revelations in the press about the Legal Aid cuts upsetting the legal fraternity. If they cared about clients rights the way they care about ££££££££££££ they would be a respected profession rather that the self serving, self protecting crooks they actually are.

They will never change of their own accord, but their collective reputations are heading for the abyss.

1 July 2013 12:35
:::::::::::::::::::::::::::::::::::::::::

If you remember the DOI investigation into this case previously, it was the Law Society of Scotland who PLACED O'Donnell with the new law firm, so that he could continue committing offences against the Scottish Public and to allow him to keep filling his boots with the Scottish Public's cash?

The reason for this?

Because in order for O'Donnell to be working for any Scottish Law Firm he has to be first approved to be working there by the Law Society of Scotland according to the terms of Scottish Solicitors Block Insurance requirements and for this reason they would no where he is currently working (probably still in a bogus capacity) and incontrovertible proof that the Law Society of Scotland have wilfully and premeditatedly misled the Judge which I believe is at the minimum a Contempt of Court Offence or most likely an Offence of defeating the ends of justice?

All in a typical day's work for the Law Society of Scotland and their crooked lawyer Elaine Motion?

Anonymous said...

One of my former colleagues covered a story where the solicitor up before the SSDT sat eating in the North Bridge Brasserie (Scotsman building) the whole time the tribunal meeting in the same building was told he was too ill to attend.Solicitor who represented the Law Society saw him in the building,said nothing when his rep made the excuses.
All mention of the solicitor in the restaurant and the complainer who spotted him was removed before publication on legal advice from a media lawyer twit.

btw nice update to the layout looking very prof.

Anonymous said...

Re Motion met Clinton at the Scottish Business Awards https://twitter.com/elainemotion97/status/348351619114606594

SBA not much in terms of bragging rights.This year one of the crowd got so drunk afterwards he spilled the goods on how his company is cheating HMRC out of millions and recommended all try his solicitors who do the necessary.Something for you to get stuck into.

Anonymous said...

Anonymous said...

One of my former colleagues covered a story where the solicitor up before the SSDT sat eating in the North Bridge Brasserie (Scotsman building) the whole time the tribunal meeting in the same building was told he was too ill to attend.Solicitor who represented the Law Society saw him in the building,said nothing when his rep made the excuses.
All mention of the solicitor in the restaurant and the complainer who spotted him was removed before publication on legal advice from a media lawyer twit.

btw nice update to the layout looking very prof.

1 July 2013 17:00

So,the SSDT is the scam we always thought it was.

In light of what you have revealed in your comment it should be wound up.

Anonymous said...

Nice to know there is an award for Scottish companies engaged in tax dodging aided by lawyers - hope the tax man is reading all about it and gets to work pronto

Anonymous said...

Who was the judge in the interdict hearing?Dont they bother asking any real questions of the Law Society's version of events?

Anonymous said...

Clearly the SSDT is as dishonest as the Law Society and must be replaced by an independent tribunal or better still criminalise the whole thing and press charges against these thug lawyers.

Anonymous said...

If you remember the DOI investigation into this case previously, it was the Law Society of Scotland who PLACED O'Donnell with the new law firm, so that he could continue committing offences against the Scottish Public and to allow him to keep filling his boots with the Scottish Public's cash?

Yes that is right I do remember, they are all crooks, and anyone in the know would avoid them like the plague.

Anonymous said...

Anonymous said...
This happens more often than you may realise.

At one SSDT hearing it was claimed the solicitor being prosecuted was not in the country and the hearing was put off.

The solicitor was actually playing a round of golf with a senior partner and a Law Society committee member who has been guiding him on what to say at the hearing.

1 July 2013 11:35
&&&&&&&&&&&&&&&&&&&&

I know of an SSDT Hearing where the Law Society's Fiscal was seen in animated discussion with a member of the SSDT Panel prior to the Hearing commencing?

When the Fiscal was asked if talking to an SSDT Panel member immediately prior to the SSDT Hearing taking place was appropriate the Fiscal denied that he ever did so, despite multiple witnesses confirming that he did?

What was being discussed prior to the SSDT Hearing starting?

Is this normal?

Anonymous said...

Anonymous said...
Clearly the SSDT is as dishonest as the Law Society and must be replaced by an independent tribunal or better still criminalise the whole thing and press charges against these thug lawyers.

1 July 2013 21:16
____________________

The SSDT is the Law Society of Scotland?

Remember, they call a Scottish lawyer stealing from their client as, 'Borrowing Without Consent'?

Check out page 7 of this link...
http://www.ssdt.org.uk/reports/resources/AnnualReport_Final%20Draft.pdf

Anonymous said...

Dont know what to say really anyway if this is the way Scotland runs its courts and lawyers are hiding each other from justice you need a brand new justice system instead of trying to patch up the old one which is really corrupt!!!

Anonymous said...

The French philosopher Foucault was concerned about who has the power to rule how others should behave. Well Elaine Motion and the Law Society have the power to decide how Mr O'Donnell behaves. If the Law Society are so concerned by lawyers conduct why don't they use the press to name and shame crooked themselves?

We can be 100% sure that the Law Society are a corrupt Union who do not give a damn about lawyers clients and want to crush them at every turn to save the crooks, and this is why all lawyers are crooks.

Anonymous said...

The Law Society don't make me angry now, this is what I expect because I have learned what they claim about protecting the public in relation to the profession is pure mendacity. Law Society serves one master.

Anonymous said...

The Law Society of Scotland is the black beating heart of the legal profession. It is the interface which covers up lawyer corruption, and leaves members of the public in legal limbo by cutting off access to the courts, Legal Aid and access to complaint resolution. It is the lawyers safe-house. It is there to make sure ruined clients of crooked lawyers are held in an invisible check mate.

Anonymous said...

The lawyer who hid O'Donnell should be up on charges of contempt of court

Anonymous said...

It is an established fact that the SSDT are notorious back-slappers of crooked Scottish lawyers, where their agenda is to find the lightest sanction possible against them or to let the crooked Scottish lawyers off Scot-Free so that they can continue to steal their clients cash with impunity?

Remember page 7 of the SSDT Chairman's 2010 Report regarding 'BORROWING WITHOUT CONSENT'?

Anonymous said...

Who is in charge of the investigation of crime in Scotland?

The Police or the all powerful Law Society of Scotland?

Anonymous said...

How can they say they couldn't find him when he was actually up in the high court helping advocate duogid defend the 15yr old who killed the poor boy in Ross hall!

Anonymous said...

Anonymous said...
The lawyer who hid O'Donnell should be up on charges of contempt of court

2 July 2013 12:27
££££££££££££££££££££££££££££

Or defeating the ends of justice?

Anonymous said...

Anonymous said...

How can they say they couldn't find him when he was actually up in the high court helping advocate duogid defend the 15yr old who killed the poor boy in Ross hall!

2 July 2013 20:14

eh?O'Donnell is defending killers in court and Motion claimed they couldn't find him????

Anonymous said...

What happened to the 'MEMORANDUM OF UNDERSTANDING' between the Law Society of Scotland and the Police, where the Law Society of Scotland promised the police (gave them this legal undertaking) that they would report every instance of crime and suspected crime by Scottish lawyers to the police as it is the police who have the authority under law to investigate crime?

Answer?

The Law Society of Scotland have deliberately and wilfully ignored this MOU to the Scottish police, because they know if they avoid reporting crime and suspected crime to the police and instead go straight to their lawyer pals at the Crown Office, then they can cut deals with them so that their member crooked lawyers get let off Scot-Free?

Thereby, together they can keep the police out of it completely leaving them to defeat the ends of justice in favour of known criminal Scottish lawyers?

This is good for their business, saves the public knowing that Scottish lawyers operate in an unregulated and lawless environment?

It also allows the them to artificially keep their block insurance policy for all Scottish lawyers at a low level, which ensures that Scottish lawyers have low insurance premiums to pay which does not rise?

This is not only highly organised fraud. The Law Society of Scotland routinely pervert the course of justice in order to protect their member lawyers from justice and they act in the worst possible favour of clients (Scottish Public), which is an fundamental criminal offence under the Solicitor (Scotland) Act 1980?

Overt criminality for cash enrichment?


SCOTTISH LEGAL APARTHEID?

Anonymous said...

How is it possible for Elaine Motion to completely replace the police?

Is this not perverting the course of justice by a protected Scottish lawyer?

Anonymous said...

Could there be a better name for the Law Society of Scotland's lawyer?

Says it all really?

Anonymous said...

Whoever the lawyer is who hid him should be up on criminal charges as should O'Donnell instead of this Law Society controlled farce presided over by the complicit judiciary.
and while I am commenting can anyone tell me who is the judge who is hearing this case?

Anonymous said...

It is ridiculous that in this country the Law Society of Scotland can tell the police to Butt-Out to allow them to hatch their evil plans?

Anonymous said...

Further evidence that the Law Society of Scotland are allowed to be totally 'Above-The-Law' in Scotland

Anonymous said...

How can the Law Society's dealer in deceit get away with this?