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TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

Police Scotland refused to disclose secret files on top cop. SCOTLAND’S single national Police service – Police Scotland has refused to disclose details of secret files on a case involving allegations of sexual assault against the force’s most senior office – Deputy Chief Constable Iain Livingstone.

The force also refused to disclose any non-disclosure agreements which may have been part of any settlement of the case – which ultimately led to the female officer leaving her job,

And, the information has been categorised as so sensitive, Police Scotland refuse to confirm if the files even exist.

The move came in relation to Freedom of Information requests seeking details of information held by Police Scotland on accusations and allegations of sexual assault made by a female Police Officer against current DCC Iain Livingstone during his time in Lothian and Borders Police.

Also sought for disclosure was information contained in any discussions or misconduct hearings in relation to these allegations and information contained in any admissions by Iain Livingstone with regards to these allegations and, any information contained in any non-disclosure agreements, termination of employment, resignation or retirement of any persons or Police Officers making these allegations against Iain Livingstone.

However a statement from Police Scotland in response to the Freedom of Information request refused any form of disclosure or acknowledgement of the status of any files held by Scotland’s single national Police service – who said:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

Issues surrounding the allegations of sexual assault made by a female Police Officer against Iain Livingstone while he served at Lothian & Borders Police in 2003 resurfaced during recent scrutiny of Police Scotland over the past year.

Livingstone was however, cleared of the allegations by a hearing chaired by another senior Police officer – John McLean, Strathclyde assistant chief constable. The Police led hearing on allegations against Police Superintendent Livingstone established there had been no sexual impropriety or intent on Mr Livingstone’s part.

However, interest in the 2003 case and details surrounding it has resurfaced – after the single Police service – created by the Scottish Government in 2013 – was hit by several scandals including numerous suspensions of senior officers, allegations of Ministerial meddling with ultimately led to the ousting of Chief Constable Phil Gormley, and the ongoing probe into senior officers use of a surveillance unit within Police Scotland to illegally spy on journalists & cops.

At the time of the sexual assault allegations in 2003, Iain Livingstone, 37, was working as an aide to Scotland’s most senior police officer, Sir Roy Cameron, at Her Majesty’s Inspectorate of Constabulary, when he was suspended in February 2003 over the claims – which arose from a drunken party at the Scottish Police College at Tulliallan.

It was reported at the time that Iain Livingstone – previously a solicitor and member of the Law Society of Scotland – had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.

Five allegations of serious sexual assault made by the female Police officer against Livingstone were dismissed – but, at an internal misconduct hearing, Mr Livingstone admitted less serious allegations, including being in the woman’s room overnight after falling asleep.

A qualified lawyer and member of the Law society of Scotland, Mr Livingstone switched careers in 1992, joining Lothian and Borders Police. In just 10 years, he reached the rank of superintendent.

Livingstone was ultimately demoted from superintendent to constable following the disciplinary hearing, although is now in the position of caretaker Chief Constable of Police Scotland, while the Scottish Government attempt to find another ‘suitable’ candidate to fill the Chief Constable post vacated by Phil Gormley.

However, recent interest in the case surfaced after it emerged DCC Iain Livingston was being promoted to fill the Chief Constable slot vacated by Gormley – who had effectively been ousted from his job after Justice Secretary Michael Matheson intervened in a decision taken by the Scottish Police Authority to allow Mr Gormley to return to work

And, it later emerged that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared they knew each other, after papers revealed Mr Finnie had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

In a further refusal to disclose information on the current top cop in Scotland, Police Scotland refused to reveal any information in relation to additional complaints made against Deputy Chief Constable Iain Livingstone.

And, again, Police Scotland refused even to confirm if such information was held – this despite information already available in the public arena including discussions on social media platforms relating to additional complaints made against DCC Livingstone by Police Officers.

A request for information relating to numbers of complaints, subject of complaints, and identities (not name, but by rank, status as Police Officer, civilian employee, member of the public or other) – who have made complaints (and the numbers of complaints) against current DCC Iain Livingstone from 1 April 2013 to the date of this FOI request and the status, and outcomes of these complaints – resulted in the following response from Police Scotland, with a refusal to disclose:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

And, it emerged in February of this year that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared any previous links to each other while Livingstone testified before MSPs.

A report in the Sunday Mail newspaper in February revealed Mr Finnie – previously a serving Police Officer and representative for the Scottish Police Federation (SPF) – had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

The issue was reported by the Sunday Mail newspaper here:

Green MSP under fire after failing to reveal sex case link to top cop Iain Livingstone

John Finnie failed to tell MSPs he represented the acting chief constable when he was cleared of sexual misconduct.

By Mark Aitken 18 FEB 2018

John Finnie failed to tell MSPs he represented Iain Livingstone

A Green MSP is facing questions over his connection with Scotland’s acting chief constable.

Former police officer John Finnie failed to tell fellow MSPs he had represented Iain Livingstone when he was cleared of sexual misconduct.

He failed to declare the link at a meeting of Holyrood’s justice committee when Livingstone was being questioned.

Finnie spent 14 years as an official for the Scottish Police Federation (SPF) – the organisation who represent police officers up to the rank of chief inspector.

Livingstone, the frontrunner to replace Phil Gormley as Scotland’s chief constable, was acccused in 2004 of sexually assaulting a female police officer.

Livingstone admitted falling asleep in the woman’s room at the Scottish Police College in Tulliallan, Fife, after a drunken party in 2000.

Iain Livingstone was accused of sexually assaulting a female police officer in 2004

At an internal hearing, more serious allegations were dropped.

Livingstone, who was then a superintendent, was demoted to constable but won his job back on appeal. Livingstone’s appeal was backed by the SPF.

Finnie said at the time that the case had highlighted “the ease with which the system can be abused and the punitive consequences which affect not only the officer but their family”.

At Holyrood’s justice committee in January, Finnie quizzed Livingstone about staffing levels and said losing chief officers was one of the benefits of creating a single police force.

Scottish Labour justice spokesman Daniel Johnson said: “John is a valued colleague on the justice committee but I am alarmed that he did not see fit to declare this link with the acting chief constable.

“Police Scotland are in desperate need of scrutiny – and the public will expect such scrutiny to be conducted professionally.

“I would urge him to correct the record and to ensure he declares interests fully and promptly in future.”

A spokesman for the Scottish Conservatives added: “He also owes parliament an explanation as to why he neglected to mention this very important link.”

Finnie began his career with Lothian and Borders Police in 1976 and moved to Northern Constabulary three years later.

He served as a full-time officer with the SPF from 1992 to 2006.

Finnie was elected as an SNP MSP in 2011 but quit the party the following year in protest at the decision to end their long-standing opposition to Nato membership.

Finnie and the Greens failed to respond to the Sunday Mail’s calls.

It has since come to light there are a number of non disclosure agreements in force which relate to Police Officers and others connected to Policing in Scotland, a matter now being probed by the media for further reporting.

 

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LOOK AFTER THE LAWYERS: Law Society proposals to pro-lawyer legal review seek to reclaim control of regulation & complaints, appoint ‘window dressing’ ombudsman & criminalise ‘misuse’ of the word “lawyer”

Law Society proposal retakes control of regulating lawyers. AMID a series of failures by the Scottish Legal Complaints Commission (SLCC) to clean up poor standards of legal services and deal with complaints against solicitors, the Law Society of Scotland are proposing the return of control of regulation to the legal profession.

Earlier this week, and with sights set firmly on retaking control of the floundering SLCC,- the Law Society of Scotland submitted a series of proposals for ‘reforming regulation’ to the ‘independent’ review of legal services regulation – set up by the Scottish Government last year.

The move by the Law Society of Scotland comes amid a string of court setbacks for the SLCC involving Law Society backed challenges to the single regulator’s authority to hold solicitors to account for dishonesty, poor standards of legal service, overcharging & asset stripping of clients on an industrial scale.

However, the Scottish Government backed legal review group now hearing the Law Society’s proposals – was actually created in consultation with the Law Society itself, and is comprised of pro-lawyer decision makers from the world of ‘public appointments’ along with lawyers & advocates from the Law Society of Scotland, Faculty of Advocates & Crown Office.

The ‘independent’ review panel – complete with an ‘independent’ chair are:  Christine McLintock – immediate past president Law Society of Scotland, Alistair Morris – chief executive of the management board, Pagan Osborne (Law Society of Scotland), Laura Dunlop QC – Hastie Stables (Faculty of Advocates), Derek Ogg QC – MacKinnon Advocates (Faculty of Advocates), Neil Stevenson – chief executive of the Scottish Legal Complaints Commission, Nicholas Whyte – chair of Scottish Solicitors’ Discipline Tribunal, Ray Macfarlane –  chair of the Scottish Legal Aid Board, Jim Martin – outgoing Scottish Public Services Ombudsman, Dr Dame Denise Coia – chair of Healthcare Improvement Scotland, Prof Lorne Crerar – chairman, Harper Macleod LLP, Prof Russel Griggs – chair of the Scottish Government’s Independent Regulatory Review Group.

There is one sole ‘consumer representative’ on the review panel, listed as – Trisha McAuley OBE – independent consumer expert

Now, eager to wrestle power back from the SLCC on dealing with client complaints & consistent media coverage of woefully poor regulation of lawyers, the Law Society of Scotland has told the Scottish Government’s lawyer dominated review group that the current regulatory framework is “in drastic need of modernisation” and is “no longer fit for purpose”.

One of the key proposals from the Law Society, calls for the creation of yet another ‘independent legal role’ which would have oversight of the Scottish Legal Complaints Commission.

The SLCC was created by the Scotitsh Government in 2008, with this year marking it’s tenth year in the role of single regulator of the legal profession.

However, the single regulation model has cost the Scots public dear – with the legal regulator burning through £30 million in complaints levies from solicitors – which are recovered from huge hikes in legal fees to clients.

The newly proposed role of Ombudsman – harking back to the vile days of the “Scottish Legal Services Ombudsman” would in practice – have to be filled by a person who is approved by the Law Society of Scotland and other vested legal interests.

The comparison with the former SLSO – which lacked any real powers and frequently backed away from holding the Law Society to account for mistakes, would render the newly proposed Ombudsman position of little real use to consumers, and more of a rubber stamp to lawyers eager to look after their colleagues in the face of complaints investigations.

The Law Society is also calling for the term “lawyer” to be protected in law –  in the same way the title “solicitor” is – where currently, it is a criminal offence for anybody to pretend to be a solicitor.

The move comes in the face of increased competition in business from companies & individuals who can call themselves a “lawyer” but are not qualified to the point of being a solicitor.

However, there are a number of cases were suspended or struck off solicitors have, or currently are still using the term “solicitor” to con unsuspecting members of the public out of tens of thousands of pounds of legal fees – including legal aid – yet the Law Society and SLCC have taken no action against these “solicitors” who still claim to be on the solicitors roll.

A press release from the Law Society of Scotland claims the wide-ranging reforms it has submitted, on behalf of it’s own members, will allow it to keep pace with global developments within the sector and improve consumer protection.

However, over the ten years since the Scottish Legal Complaints Commission came into being, at a cost of around £30 million pounds in complaints levies recouped from hikes in legal fees to clients, the SLCC, Law Society and the Scottish Solicitors Discipline Tribunal have all miserably failed to protect consumers from rogues in the legal profession who are the cause of over 1000 complaints every year to legal regulators.

The latest proposals from the Law Society – which in actuality seek to retake control of regulation – set out a series of recommendations in its submission to an independent review of legal services regulation which lawyers claim include expanding consumer protections to currently unregulated areas of legal services, regulating firms operating beyond Scotland and overhauling the legal complaints system, which it says is overly complex, expensive and lacks proper oversight.

The recommendations by the Law Society to the legal review panel whose members were approved by the Law Society, include:

  • expanding consumer protections to currently unregulated areas of legal services
  • better regulation of legal firms as entities in addition to the regulation of individual solicitors to better protect consumers
  • new powers to suspend solicitors suspected of serious wrongdoing
  • widening the Law Society’s membership to improve standards amongst other legal professionals
  • protection of the term ‘lawyer’ to mean those who are legally trained and are regulated

Graham Matthews, President of the Law Society of Scotland, said: “The Scottish legal sector is highly successful. It provides for over 20,000 high quality jobs and generates over £1.2 billion for the Scottish economy annually. However we have long argued for the need for reform to the current patchwork of regulation that governs legal services in Scotland.

“There has been enormous change within the sector in recent years and the current system – some of which is almost 40 years old – is struggling to meet the demands of today’s fast-changing legal market. That’s why we have called for completely new, flexible legislation which will allow much needed reforms and ensure we have a regulatory framework that is fit for purpose, addresses the challenges of modern legal practice – from cross-border working to technological advances enabling AI legal advice – and which puts protecting consumers at its core over the long term.

“We believe the scale of the changes needed justifies a new, single piece of enabling and permissible legislation that can adapt to changes within the sector over the next four decades and beyond. Any new prescriptive legislation, or simply making further amendments to existing legislation will quickly be outdated.”

The Law Society is seeking the ability to regulate law firms operating beyond Scotland and to strengthen its regulation of firms as entities, as well as its individual solicitor members.

Mr Matthews said: “There is a strong economic case for the Law Society being able to seek to become a regulator of legal services beyond Scotland, as having a single regulatory model for cross-border firms could make Scotland a more attractive jurisdiction for a firm to base its operations. Additionally, as firms must meet robust financial compliance and new anti-money laundering requirements are due to come into effect in June, it makes sense to extend the regulatory regime on a firm-wide basis to help improve consumer protection.”

Mr Matthews added that new legislation should encompass the unregulated legal advice sector.

He said: “No one knows the full scale of the unregulated legal sector, but many consumers who believe that they have obtained advice from a qualified, regulated legal professional only find out they have no recourse to redress when things go wrong. As we look to the future, there is no doubt that technological advances will mean increasing use of artificial intelligence in delivering legal services around the globe and it’s our view that any new regulatory framework must be flexible enough to make provision for this.”

In its submission, the Law Society has criticised the current legal complaints system as being complex and confusing and has called for the creation of an independent legal ombuds which would have oversight of the Scottish Legal Complaints Commission (SLCC). Unlike the Law Society and the Faculty of Advocates, the professional bodies for Scottish solicitors and advocates, which are overseen by the SLCC, there is nothing in law to stipulate oversight of the SLCC itself.

Mr Matthews said: “We want to streamline the complaints system, which for many is slow and overly bureaucratic, and have recommended that while the SLCC would continue to handle service complaints and the Law Society would continue to deal with all matters of professional discipline of Scottish solicitors, a key difference would be to allow either organisation to receive complaints and pass on those relevant to the other body to create a simpler, speedier and more cost effective process.

“Another critical improvement would be to introduce proper oversight of the SLCC. While the SLCC must submit its draft budget to the Scottish Parliament each year and ministers can make recommendations, they do not actually have the power to interfere with its budget or operation. This has led to significant, above-inflation hikes in the annual levy on Scottish solicitors for the past two years. Having an independent ombudsman would also simplify the appeals process and make it much less costly than the current process of taking appeals to the Court of Session.”

Summary of recommendations

  • The repeal of the Solicitors (Scotland) Act 1980 and those parts of the Legal Profession and Legal Aid (Scotland) Act 2007 which relate to the regulation of legal services and for the introduction of new enabling and permissible legislation for the regulation of legal services in Scotland and the Scottish solicitor profession, with the flexibility to move with the times and which allows for proactive regulation to ensure consumer protections remain robust.
  • Amending those sections of the Legal Services (Scotland) Act 2010 which relate to the regulation of legal services and the Scottish solicitor profession to address the difficulties in interpretation and application.
  • A new regulatory framework allowing for the flexibility for the Society to seek approval from the Legal Services Board to be an authorised regulator for those multi-national practices operating in Scotland. 
  • That any new regulatory framework makes provision for the regulation of legal services provided remotely by artificial intelligence.
  • Retaining an independent professional body for the regulation and professional support of the Scottish solicitor profession.
  • Retaining a separate and independent discipline tribunal for decisions in serious cases of professional misconduct.
  • That all legal service providers providing services direct to the consumer be regulated, strengthening consumer protections and enhancing consumer confidence in the Scottish legal sector.
  • That the term ‘lawyer’ be a protected term, in the same way as solicitor, and only those able to demonstrate recognised legal qualifications, and who are regulated, are permitted to use the term.
  • That primary legislation provides the permissible powers for the Law Society of Scotland to extend entity regulation to those firms wholly owned by solicitors.
  • That a new system for dealing with complaints about legal services and solicitors is introduced, recognising the paramount aim to protect consumers whilst allowing the Society to continue to deal with the professional discipline of its members, and adopting relevant processes to make the system speedy, effective and efficient whilst recognising the differences between consumer redress and professional discipline.
  • That primary legislation provides for the permissible power for the Law Society of Scotland to open up membership to non-solicitors.

In the Law Society of Scotland’s Public Relations  strategy to retake control of complaints – Leading Legal Excellence, the legal profession sets out their ambition to secure what they call a modern, flexible and enabling legislative framework.

The Law Society Press Release also states: “Most of the legislation covering the operation and regulation of the legal market is over 35 years old. It’s increasingly out of date and unfit for purpose.  Whilst some reforms were brought in 2007 and 2010, the whole framework can be confusing and, in some cases, contradictory.

“That is why we believe new legislation is needed to better protect consumers and allow the Scottish legal services market to thrive.”

REGULATION REVIEW:

An independent review of the regulation of legal services was announced by the Minister of Community Safety and Legal Affairs, Annabelle Ewing on 25 April 2017.

The purpose of the review will be to make independent recommendations to reform and modernise the framework for the regulation of legal services and complaints handling.  The review is intended to ensure a proportionate approach to regulation that supports growth in the legal services sector.  It should also place consumer interests firmly at the heart of any system of regulation, including the competitive provision of legal services.  The review will focus on the current regulatory framework, the complaints and redress process for providers of legal services including solicitors and advocates, and ongoing market issues such as investigating the benefits of regulating firms as well as individual solicitors.

A full report on the Scottish Government’s review of legal services – unmasked as a lawyer dominated pro-self regulation panel – can be found here: REGULATED REVIEW: Scottish Government panel to look at self regulation of lawyers – Former Cabinet Minister calls for review to include judiciary, and panel membership to strike ‘better balance between lawyers & non-lawyers’

The panel members who make up the so-called ‘independent’ review of legal services include:

*Two former Presidents of the Law Society of Scotland;

* The current Chief Executive of the pro-lawyer Scottish Legal Complaints Commission;

* An outgoing Scottish Public Services Ombudsman widely criticised for ineptitude;

* The current chair of the Scottish Solicitors Discipline Tribunal (SSDT) – who struck off only six solicitors last year;

* The chair of a law firm whose partners have regularly appeared before the SSDT;

* A QC from an advocates stable where colleagues have been linked to a cash payments scandal;

* A former Crown Office Prosecutor & QC linked to events in the David Goodwillie rape case – where the victim was forced to sue her assailant through the civil courts after the Lord Advocate refused to prosecute the footballer.

More recently, MSPs who sit on the Scottish Parliament’s Public Petitions Committee were subject to calls to delay their investigation of petitions calling for fully independent regulation of the legal profession in Scotland.

Proposals before the Scottish Parliament calling for views on scrapping self regulation of the legal profession in Scotland received representations from Scottish Ministers , the Chair of a pro-lawyer review panel and a Law Society-backed legal regulator – calling for MSPs to back off from investigating regulation of legal services.

Unsigned letters from the Scottish Government, the Chair of an ‘independent’ review group dominated by lawyers, and the pro-lawyer Scottish Legal Complaints Commission (SLCC) – call on members of the Scottish Parliament’s Public Petitions Committee to wait until the end of a two year review – conducted by lawyers – before MSPs conduct any independent investigation of lawyers investigating themselves.

However, when the Scottish Government created the ‘independent’ review last April, 2017, former Cabinet Minister Alex Neil MSP (SNP Airdrie and Shotts) said the ‘independent’ review created by the Scottish Government, should include judges – and the membership of the review team should be expanded to balance up the panel’s current top heavy legal interests membership.

And, in a case related to significant failures of legal regulation, Alex Neil  branded the Scottish Legal Complaints Commission (SLCC)  “a toothless waste of time” – after the legal services regulator failed to act in a high profile case involving a senior QC – John Campbell – who is caught up in a cash payments scandal – which has since led to information provided to journalists on other Advocates & QCs who have demanded & pocketed substantial and apparently undeclared cash sums from clients.

Video footage of the Petitions Committee’s deliberations on proposals submitted by the public to reform regulation of legal services in Scotland, can be viewed here:

Regulation of legal profession reform – Public Petitions Committee 21 September 2017

A full report on recent submissions to the Public Petitions Committee can be found here: LOOKING OUT FOR LAWYERS: Scottish Ministers unite with lawyer dominated review panel & pro-lawyer legal regulator – to urge Holyrood MSPs delay probe on proposals for independent regulation of legal services

 

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END OF CLAIMS: Rogue lawyer who claimed £600K in two years abandons £100K case against Scottish Legal Aid Board – over release of damning report revealing ‘unnecessary, deliberate and excessive’ legal aid claims

Lawyer abandons claim against legal aid board for £100K. AN INVESTIGATION has revealed a rogue lawyer – previously accused of making “unnecessary and excessive” claims for more than £600K Legal Aid in two years – attempted to sue the Scottish Legal Aid Board (SLAB) for £100,000 over release of a report detailing legal aid claims.

The three year court case – registered in the courts by Kilmarnock based solicitor Niels S Lockhart during December 2013 – finally came to an end in 2016 – with legal aid chiefs absolved of any blame for the release of a damning report which raised serious concerns over Lockhart’s multiple claims for legal aid public cash.

The size of the legal aid claims put Lockhart’s one man law firm higher up the scale of legal aid payments than many law firms with multiple partners, and advocates.

Last week, Legal Aid Chiefs finally admitted in a Freedom of Information disclosure to journalists“the case A665/13 Niels Lockhart v The Scottish Legal Aid Board was a court action raised by Mr Lockhart at the Court of Session in which he sought payment of damages of £100,000 from SLAB. The court action has since been concluded.”

The response to the journalist continued: “You will recall that in early 2010 you submitted an FOI request to us, and that on 16 March 2010 we responded to your request by forwarding to you a report in relation to Mr Lockhart. This release of information to you was alleged by Mr Lockhart to be a breach of confidentiality by SLAB. SLAB defended the action.”

SLAB was represented in the action by in-house solicitors, and instructed counsel, John MacGregor, advocate.

The costs incurred by SLAB were: Counsels fees £2,100.00; Court dues £202.00; Printing cost of court documents; £92.07 Total; £2,394.07

The statement in the FOI response issued by SLAB concluded: “The court action was terminated in 2016 by agreement. Decree of absolvitor was granted in favour of SLAB together with an order of expenses in favour of SLAB in the sum of £1,750. No monies were found payable, or paid, to Mr Lockhart by SLAB.”

However, similar enquiries to the Scottish Courts and Tribunals Service (SCTS) – revealed court staff had been ordered to refuse to disclose details relating to Lockhart’s attempt to sue the Scottish Legal Aid Board.

A spokesperson for the SCTS initially said: “I’m told that typically we can’t reveal very much as you were not a party to the action. I’m told that we can say that the case concluded on 28 June 2016 and that it was a Joint minute and the defender was absolved.”

When pressed for further details, the spokesperson added: “I am afraid I cannot say what the case was about or about any amounts of money. I can say that the case was registered on 19/12/13, it was called on 24/1/14,  it did not call in court, it was sisted until early 2016 then concluded on 28 June 2016.”

Kilmarnock based solicitor Niels S Lockhart was subject of a lengthy investigation by the Scottish Legal Aid Board from 2005 to late 2010 over vastly inflated claims for Civil Advice & Assistance Legal Aid.

Legal Aid chiefs then send their report to the Law Society of Scotland, who carried out an investigation into Lockhart and the detailed SLAB report.

However, sources at the Legal Aid Board revealed a string of delays during the Law Society investigation, including a series of ‘complaints reporters’ who were tasked to study the SLAB report and recommend what action if any should be taken against Lockhart.

After several Law Society investigators had either refused to look at Lockhart’s legal aid claims, or finalise a report, a version was sent to the Scottish Legal Aid Board – which legal aid chiefs claimed they could not release because they had no permission from the Law Society of Scotland.

A timeline of events established that on 5 June 2005 the Scottish Legal Aid Board sent a report to the Law Society of Scotland in terms of S32 of the Legal Aid (Scotland) Act 1986 against the sole practitioner firm of Niels S Lockhart, 71 King Street, Kilmarnock. The secret report, obtained under Freedom of Information laws, can be downloaded here: SCOTTISH LEGAL AID BOARD S31 COMPLAINT REPORT TO THE LAW SOCIETY OF SCOTLAND : NIELS S LOCKHART(pdf)

The Legal Aid Board report outlined a number of issues that had been identified during the review of case files & accounts which raised concern about Mr Lockhart’s conduct and which fell to be considered as a breach of either Regulation 31 (3) (a) & (b), relating to his conduct when acting or selected to act for persons to whom legal aid or advice and assistance is made available, and his professional conduct generally. These issues illustrated the repetitious nature of Mr Lockhart’s failure to charge fees “actually, necessarily and reasonable incurred, due regard being bad to economy”

The heads of complaint submitted by the Scottish Legal Aid Board to the Law Society of Scotland were : (1) Excessive attendances, (2) Lack of Progress, (3) Splitting/Repeating Subject Matters, (4) Inappropriate Requests for Increases in Authorised Expenditure, (5) Matters resubmitted under a different guise, (6) Standard Attendance Times, (7) Attendances for Matters Not Related to the Subject Matter of the Case, (8) Unreasonable Charges, (9) Double Charging for Correspondence, (10) Account entries not supported by Client Files, (11) Attempt to Circumvent Statutory Payment Procedure for Property Recovered or Preserved, (12) Continued Failure to act with Due Regard to Economy.

The report by the Scottish Legal Aid Board revealed that, of all firms in Scotland, the sole practitioner firm of NS Lockhart, 71 King Street, Kilmarnock, granted the highest number of advice and assistance applications for “interdict” (392) for the period January-October 2004.The next ranked firm granted 146, while the next ranked Kilmarnock firm granted only 30.

The report stated : “While conducting a selective analysis of Niels S Lockhart’s Advice and Assistance accounts, it was clear from the outset that much of his business comes from “repeat clients” and/or members of the same household/family, whom he has frequently admitted to Advice and Assistance. The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.”

“It was also clear that Niels S Lockhart makes grants for a number of interlinked matters, where there is clearly a “cross-over” of advice. Consecutive grants are also often made as a continuation of the same matter shortly after authorised expenditure has expired on the previous grant.”

“This appears to the Board to be a deliberate scheme by Niels S. Lockhart to make consecutive grants of Advice and Assistance on behalf of the same client for the same matter, for personal gain. By so doing, he has succeeded in obtaining additional funds by utilising new initial levels of authorised expenditure for matters where, had further requests for increases in authorised expenditure under the initial grant been made to the Board, they would with every likelihood have been refused by Board staff.”

“Closer scrutiny of Niels S Lockhart’s accounts and some client files has given rise to a number of other serious concerns, e.g. numerous meetings, standard of file notes, encouraging clients to advance matters while demonstrating a lack of progress.”

“After a meeting between SLAB officials & Mr Lockhart on 14 April 2005, Mr Lockhart was advised that SLAB’s Executive Team had approved of his firm’s accounts being removed from the guarantee of 30-day turnaround for payment of accounts, and that henceforth, to allow the Board the opportunity to satisfy itself that all fees and outlays had been properly incurred and charged by the firm, he would be required to submit additional supporting documentation and information with his accounts (including client files).”

The report continued : “Over the next few months, Mr Lockhart telephoned Accounts staff many times, often on a daily basis, repeatedly asking questions about the type of charge they considered acceptable or unacceptable in a variety of situations. Staff reported that, despite their having given Mr Lockhart the same answers time and again (both via correspondence and over the telephone),he continued to submit accounts with unacceptable charges. In a final effort to counter these continuing problems and to emphasis the Board’s stance in relation to the various issues of concern, our Accounts Department sent him a letter on 23 December 2005.”

“Mr Lockhart did not provide a written response to this correspondence. He did however contact Mr McCann of the Legal Defence Union, who wrote to the Board seeking a meeting with Board officials to try to resolve the payments issue. Our view however was that this would not advance matters as Mr Lockhart had been given a clear steer both after the April 2005 meeting and in the December when Accounts wrote to him on a number of matters.”

However, a key error was made by the Legal Aid Board, who stunningly failed to interview any of Mr Lockhart’s clients despite SLAB’s claims of excessive legal aid claims.

The SLAB report revealed : “Board staff have not interviewed any of Mr Lockhart’s clients as we have no reason to believe that, for example, the multitude of meetings that he held with them—sometimes more than twice daily—did not take place; our concern is that they DID take place and he has sought to claim payment for these multitudinous meetings,very few of which could be described as necessary and reasonable. We believe that such work had no regard to the principle of economy: our contention is that it is highly unlikely that any private paying client would be willing to meet the cost of the service provided by Mr Lockhart. That aside, there are cases set out in the report where it is difficult to see what advice or assistance has actually been provided. Our Accounts staff are continuing to assess a number of his accounts and examining the corresponding client files which indicate repetition of the issues that gave rise to our initial concerns.”

The report’s findings concluded : “From April 2002—March 2005, Niels S Lockhart was paid £672,585 from the Legal Aid Fund. Of this, £596,734 (89%) was in relation to Advice and Assistance cases, with £570,528 (85%) solely in relation to Civil Advice and Assistance.”

“In the Board’s view, the ranges of actions taken by Niels S. Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.”

“Based on the supporting evidence he arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings. In the main, these do not appear to have advantages for their further welfare or advance their case, but merely act as a mechanism for the firm to exploit the Legal Aid Fund by charging for these unnecessary and unproductive meetings.”

“The nature of subject matters is often repeated, resulting in numerous duplicate/multiple/consecutive grants submitted under various guises, thus avoiding the Board’s computerised checks on subject matter. This pattern of conduct is deliberate,recurring and persistent, serving—in the Board’s view—as a device to generate considerable additional income for the firm to the detriment of the Scottish Legal Aid Fund.”

Further documents released by the Scottish Legal Aid Board during 2015 – Extra Payments to Niels Lockhart – in response to a Freedom of Information request revealed Niels S Lockhart was paid a further £34,711 (excl VAT) of taxpayer funded legal aid by the Legal Aid Board – even though by that time he was already barred from claiming for any further legal aid work.

Historical payment accounts published by the Scottish Legal Aid Board also reveal Lockhart received a whopping £1.2million (£1,213,700) of public cash since the Legal Aid Board began publishing the names of firms and the size of payments from 2003 onwards.

From 2003 to 2013, Neils Lockhart claimed the following amounts of publicly funded legal aid: £280,200 in 2003-2004, £321,400 in 2004-2005, £95,400 in 2005-2006, £160,800 in 2006-2007, £133,300 in 2007-2008, £82,000 in 2008-2009, £65,800 in 2009-2010, £67,400 in 2010-2011, £7,200 in 2011-2012, £200 in 2012-2013

The Sunday Mail newspaper reported on the details of the now revealed court case:

Lawyer who made ‘eye-watering legal aid claims’ sued for £100,000 in compensation from taxpayer

Niels Lockhart said the Scottish Legal Aid Board (SLAB) had hurt his reputation amid the release of a damning report.

By Russell Findlay 26 November 2017 Sunday Mail

A rogue lawyer demanded £100,000 of taxpayers’ cash after legal aid chiefs revealed his history of inflated claims.

Niels Lockhart, 66, said the Scottish Legal Aid Board (SLAB) damaged his reputation by releasing a damning report which laid bare “unnecessary and excessive” payments.

He accused them of breaching his confidentiality and sued them for £100,000 – but has now dropped the claim.

The Sunday Mail obtained the report in 2011. We told how Lockhart claimed more than £600,000 of legal aid in two years and was accused of deliberately ramping up expenses.

The SLAB report stated: “He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.”

They said the meetings merely acted as a mechanism for the firm to exploit the legal aid fund.

Legal reform campaigner Peter Cherbi, who unearthed the SLAB report through freedom of information laws, said: “Lockhart’s history of eye-watering legal aid claims was rightly subjected to public scrutiny yet he seems to see himself as the victim.”

SLAB said: “We were right to make public our complaint report to the Law Society of Scotland which set out our concerns about Mr Lockhart’s legal aid work.

“We successfully defended that decision in the court action raised against us by Mr Lockhart in which he sought payment of damages of £100,000 from SLAB. Mr Lockhart agreed to withdraw his action and pay us expenses of £1750.”

Lockhart said the decision to sue was taken after advice given by counsel who took the case on a no-win, no-fee basis.

He added: “The sum sued for was later altered to £30,000. There was thereafter a change in legal team who were not so optimistic.”

Lockhart claimed none of the SLAB allegations were proved to be correct and that they previously said no public funds had been compromised.

The original Sunday Mail report on Niels Lockhart in 2011 – reporting on the damning investigation of Lockhart’s legal aid claims

Solicitor made “unnecessary and excessive” claims for legal aid and raked in over £600,000 of public money

EXCLUSIVE: Mar 27 2011 Russell Findlay, Sunday Mail

This lawyer pocketed £600,000 Legal Aid in two years. His claims were ‘excessive, unnecessary, inappropriate, deliberate and persistent’ but it’s all OK because watchdogs say it was never.. CRIMINAL

LEGAL AID watchdogs have accused a solicitor who took £600,000 of taxpayers’ money in two years of deliberately ramping up his claims.

Niels Lockhart, 60, who runs a one-man firm in Kilmarnock, raked in £280,200 in 2004 then £321,400 the following year.

After he ignored a warning to curb his claims, the Scottish Legal Aid Board investigated before a probe team concluded that his applications were a systematic attempt to create extra fees.

But despite deciding that he routinely made “unnecessary and excessive” claims, SLAB did not call in police. They referred Lockhart to the Law Society who also decided no fraud had taken place.

The secret SLAB dossier, obtained through freedom of information laws, said: “Lockhart routinely makes consecutive grants of advice and assistance to the same clients for what appear to be similar matters submitted under a different guise.

In the board’s view, the ranges of actions taken by Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.

“He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.

“In the main, these do not appear to have advantages for their further welfare or advance their case but merely act as a mechanism for the firm to exploit the Legal Aid fund by charging for these unnecessary and unproductive meetings.”

The audit discovered Lockhart’s firm was granted 392 “advice and assistance” applications for clients considering civil legal actions over 10 months in 2004 – more than double the number granted to the firm making the second highest number of similar applications.

The report stated: “The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.

“This appears to the board to be a deliberate scheme by Lockhart to make consecutive grants of advice and assistance on behalf of the same client for the same matter for personal gain.”

Slab officials warned Lockhart about his claims in April 2005 but he “continued to show contempt for the board’s serious concerns regarding his practices that were discussed at that meeting”.

That prompted SLAB to send their damning 13-page report to legal regulator the Law Society of Scotland in June 2006. Yet the Law Society did not report SLAB’s concerns to police or refer him to the Scottish Solicitors’ Discipline Tribunal. It took them another four years to even agree Lockhart should be banned from legal aid.

Last October, Lockhart’s lawyer James McCann struck a deal with SLAB which allowed Lockhart to agree to quit legal aid voluntarily. He continues to do other legal work.

A slab spokesman said: “The matter was not one of fraud and, therefore, not a criminal matter. A Law Society spokeswoman said: “Our powers in this situation relate to considering the solicitor’s conduct. It is not for the society to determine whether there has been fraud.”

Married dad-of-two Lockhart, from Ayr, said: “There was no suggestion of any dishonesty. I voluntarily removed myself. I was going to withdraw anyway. Where did you get this report?”

Diary of Injustice continued to report on allegations surrounding Mr Lockhart and the Law Society of Scotland’s efforts to avoid a prosecution. All previous reports can be viewed HERE.

If you suspect a solicitor is committing legal aid fraud, or if you feel your own solicitor is making fraudulent legal aid claims, email Diary of Injustice at scottishlawreporters@gmail.com

 

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GOOD FOR LAWYERS: Challenging year for ‘toothless, waste of time’ Scottish Legal Complaints Commission as complaints against lawyers rise again amid claims regulator has little impact on rogues of the legal world

Lawyers regulator proves no deterrent to poor legal services. SCOTLAND’S ‘independent’ regulator of legal services has admitted complaints against rogue solicitors & law firms have again risen in the past “challenging year” according to the latest Annual Report 2016-17 of the Scottish Legal Complaints Commission (SLCC).

The SLCC’s past year was marked by the Anderson Strathern appeal, in which Court of Session judge Lord Malcolm – real name Colin Campbell QC – ruled unlawful the SLCC’s previous practice of classifying certain single issue complaints as hybrid (raising issues of both service and conduct).

However, an investigation of the ruling by Lord Malcolm – who is also a Privy Councillor – revealed a top QC who was identified in complaints relating to the acceptance of £5,000 a time cash payments  and accusations of misrepresenting clients in a case directly involving Lord Malcolm – escaped investigation as a result of the same Court of Session ruling on 31 August 2016.

Earlier this year, the SLCC was branded a “toothless waste of time” by Alex Neil MSP (SNP Airdrie and Shotts) – who called for major reform of the Scottish Legal Complaints Commission after a Sunday Mail investigation revealed the SLCC refused to investigate serious complaints & cash payments involving ‘top’ planning law QC John Campbell (67) of Hastie Stable & Trinity Chambers.

Speaking to the Sunday Mail, Alex Neil said: “These technicalities show the SLCC as it stands is a waste of time. It’s not up to the job and we need major change.”

Mr Neil continued: “Parliament’s justice committee should have an urgent and comprehensive look at this and rewrite the legislation so people have a reasonable time to register legitimate complaints.”

“People need assurance that the legal profession isn’t just looking after itself all the time. People have no confidence in the system.”

A full report on the John Campbell case impacted on by Lord Malcolm’s ruling can be found here: CASH ADVANCE: QC says ‘Can I have £5k cash on the way to the Law Society?’ – MSP calls for reform of ‘toothless’ Scottish Legal Complaints Commission as regulator turns blind eye on Advocates cash payments scandal.

Further litigation occurred with the Law Society of Scotland over the SLCC’s power to then reclassify cases, in which the court eventually found for the Legal Complaints Commission but resulted in a large number of complaints being suspended, with no progress made until the ruling in June.

Over the year, complaints received rose from 1,132 to 1,155, up 2% on top of the previous year’s 12% rise.

However, an analysis of the complaints statistics, and contact with persons raising complaints with the pro-lawyer Scottish Legal Complaints Commission reveal the SLCC is more often than not – too eager to knock back complaints against solicitors – in a similar manner once practiced by the Law Society of Scotland.

In the past year, a total of 414 cases were accepted for conduct or service investigation, or a combination of the two (previous year 408), and 171 (compared with 226) were deemed ineligible as time barred or being “frivolous, vexatious or totally without merit”.

A further 251 cases (previous year 188) were resolved, withdrawn or discontinued without a formal investigation.

Solicitors accounted for 410 of the complaints accepted while 4 of the cases related to members of the Faculty of Advocates.

However, this year, the success rate of mediation was much lower – indicating perhaps complainants have become wise to a process dubbed as “rigged” by some, after it was discovered some ‘independent’ mediators have connections to some of the law firms facing complaints investigations.

In the past year, mediated resolutions were achieved in only 27 complaints (44 the previous year), a lower success rate than previously at 58%.

Sixty three cases were resolved during or at the conclusion of the investigation stage (down from 128), and the number receiving a final determination by a committee of commissioners fell from 102 to 95, of which 44 (down from 58) were upheld in whole or part.

The number of investigations in hand at the year end rose from 664 to 807, having jumped from 473 at the start of the previous year.

Residential conveyancing was again the most frequent area of complaint, at 22% of those received, closely followed by litigation (21%), then executries, wills and trusts (14%), family law (10%) and crime (7%). Commercial property and leasing accounted for 4%, as did “personal conduct”. Other categories of work, each comprising fewer than 3% of complaints, accounted for the remaining 18%.

Regarding the nature of the complaint, however, failure to communicate effectively was a clear leader at 26% (but down from 43%), followed by failure to advise adequately (20%, up from 14%), failure to provide information (14%, down from 15%), failure to prepare adequately (11%, up from 6%), failure to follow instructions (10%, up from 6%), and delay (unchanged at 8%). Other categories made up 6% of cases.

The accounts for the year, also published today, disclose a net operating loss up from £114,000 to £194,000, though income rose from £2.714m to £2.763m. Net assets fell from £675,000 to £421,000.

This year the current Chair, Bill Brackenridge, comments on coming to the end of his statutory term after five years as well as this year’s performance: “the SLCC has sought to drive efficiency within the current statutory process whilst making bold calls for reform.  This year we were pleased to see the Scottish Government announce an Independent Review of the Regulation of Legal Services, and we will continue to contribute to work to improve the regulatory and complaints system for consumers and lawyers”

“This year complaints against lawyers continued to rise, a further 2% on top of 12% last year.  We recognise that complaints form a tiny proportion of overall transactions in which lawyers support clients, but increasing case load continues to be a key factor in performance and costs.  This year we have also seen a continuing trend towards more complaints entering the later stages of our process.  To tackle this we’ve worked to support consumers and the sector with guides to reduce the common causes of complaints.”

SLCC Chief Executive Neil Stevenson added “this has been a challenging year, with significant litigation that has driven delays and costs and which was outwith our control.  We are delighted the court upheld our position, and hope we can now move beyond some of these challenges to work with others in the sector to improve confidence in regulation.

On a personal level one of the organisational achievements we all contributed to, and which I am most proud of, is a significant improvement on our staff engagement survey results. I’m also delighted that we are in the rare position of gender pay parity.”

The SLCC’s Annual Report and Annual Accounts are laid before the Scottish Parliament by the Minister for Community Safety and Legal Affairs.

In the past NINE years since the Scottish Legal Complaints Commission was created in 2008, the Law Society backed ‘independent’ regulator of complaints against legal practitioners in Scotland – including solicitors and advocates – has more often than not seen year on year rises in complaints while becoming involved in protracted orchestrated arguments with lawyers over funding for the legal quango.

In reality, funding for the SLCC – running at around £3million a year – is secured from a client sourced complaints levy – where hikes in solicitors legal fees to clients & consumers are used to pay for the upkeep and operation of the Scottish Legal Complaints Commission.

Since 2008, the SLCC has received nearly £30 million of client sourced funds – yet it is now clear the pro-lawyer quango has had little impact on the generally poor standards of expensive legal services available in Scotland.

Currently the Scottish Legal Complaints Commission is involved in lobbying against a Scottish Parliament investigation into self regulation of the legal profession, a full report on this can be found here: LOOKING OUT FOR LAWYERS: Scottish Ministers unite with lawyer dominated review panel & pro-lawyer legal regulator – to urge Holyrood MSPs delay probe on proposals for independent regulation of legal services.

The SLCC, along with the Law Society of Scotland and other legal interests have made submissions to the Scottish Parliament’s Public Petitions Committee calling for MSPs to hold off on hearing petitions calling for independent regulation – until a Scottish Government review on regulation of legal services reports back at the end of 2018. The ‘independent’ review, is in actuality being run by lawyers.

ANOTHER DAY IN COURT – Unidentified Law firm accused in client complaints fails in bid to overturn investigation

The Court of Session recently ruled in favour of the SLCC in refusing an application by a firm of solicitors for leave to appeal one of the Commission’s decisions. The application came from a firm seeking leave to appeal a decision that a number of issues of complaint were accepted as eligible services complaints and were not frivolous, vexatious or totally without merit. It was unusual in that only some issues of complaint accepted were being appealed.

The full findings – by Lord Glennie are available here: NOTE OF REASONS delivered by LORD GLENNIE in the application for leave to appeal by X LLP AND OTHERS (Appellant) against SCOTTISH LEGAL COMPLAINTS COMMISSION (Respondent).

However, it should be noted the Court ruling does not identify the law firm involved.

The SLCC’s eligibility determination that some issues of complaint should be accepted for investigation represents what is essentially a sifting function to establish whether issues of complaint require investigation. The Court endorsed the already established view that at this stage there is a low bar for accepting issues of complaint, Lord Glennie’s Notes of Reasons stating “the Commission has to decide in respect of each complaint whether it is frivolous, vexatious or totally without merit; and if it decides the complaint is any or all of these things, it must reject the complaint and notify the relevant parties.  That is a high test to be applied or, to put it another way, is a low threshold to be crossed.”

Mark Paxton, one of the SLCC’s Case Investigation Managers, explained “there can be misconceptions about the eligibility test, one of the most complex stages within the process prescribed in statute.  We have seen comments in the past that ‘too many complaints’ are let in, but the courts are once again making clear there is a high test to be met if complaints are dismissed at this stage.  We know others can think the eligibility decision is an early indication of eventual substantive outcome, which is not the case – it is simply a decision that matters need formally investigated to have sufficient information to make a decision. We are also aware that, for practitioners, the fact that this is a formal “decision”, appealable to the Court of Session, suggests that it is somehow already a stain on the practitioner’s record – which again is just not the case.”

Lord Glennie went on to reiterate that “the nature and extent of the investigation to be carried out by the Commission, and how they go about it, is pre-eminently a matter for the Commission itself.”  Having considered that there was no basis for establishing that the SLCC had erred in law or acted irrationally the Court refused leave to appeal the decision.

What was also highlighted in this case was the time and resource expended by the SLCC in carrying out this sifting function. The Court also made reference to the detail in which the SLCC had dealt with this determination, stating “The Commission’s decision in the present case is very fully reasoned… The decision deals with each complaint individually and over a number of paragraphs”.

The resources expended by the SLCC in relation to appeals bears a significant financial cost to the organisation. In this particular case, costs will be recovered following the decision of the Court to award expenses. However such an award is unlikely to recompense the full cost of all work done in relation to the appeal, and the process of contesting appeals continues to be a significant factor which the SLCC has to contend with in managing its budget.

Neil Stevenson, CEO added: “The expense of appeals has been a key driver of increasing cost in the last two years. Looking at other complaints bodies and ombuds it is very unusual for a right of appeal, especially to such a senior court, to be provided for in a complaints process on a decision simply that something needs investigated.  Our current proposals for statutory reform recommend that a more proportionate approach should be considered.”

The SLCC itself was created at a cost of over £2 million pounds of public cash in 2008 – by a Scottish Government team led by Angela McArthur – who was since appointed as Chief Executive of the Parole Board of Scotland from 2009 to present day.

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.

 

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EDINBURGH LAW: Law firms who targeted residents over property repairs scandal among list of lawyers paid £15m public cash by Edinburgh Council in 3 years – as Council fights disclosure of extra payments to ex Lord Advocate Elish Angiolini

Edinburgh Council paid lawyers over £15m in 3 years. THE CITY of Edinburgh Council has been forced to reveal a list of law firms and advocates involved in a staggering Council public cash spend of £15 million on lawyers – in only three years.

However, the Council only revealed the list – after initially refusing a request to disclose the identities of lawyers receiving millions in public cash for work which in some cases  insiders allege is being used to keep law firms afloat in ‘difficult times’.

Among the list now disclosed via Freedom of Information legislation are law firms used by Edinburgh Council – who allegedly harassed & intimidated city residents for recovery of fees for dodgy construction work carried out on orders of the Council while staff from the Property Conservation Department took bribes from contractors & construction firms.

Edinburgh City Council was flooded with nearly 1,000 complaints about statutory repairs worth £30bn – yet despite a report saying lessons had been learned, law firms have continued to target residents over dodgy work orders.

The scandal prompted a Police Scotland fraud probe amid claims of bribery and billing for work not done. It was also discovered gifts & hospitality for staff in departments of the council was widespread.

However, Edinburgh Council has bitterly fought any moves to release exact figures for payments to individual law firms, and is now fighting a further Freedom of Information probe on legal fees and other expenses paid to a former Lord Advocate – Elish Angiolini – who was accused of undermining the judiciary by former Lord President Lord Hamilton.

The figures for Edinburgh Council’s spend on lawyers from 2014 to 2017, obtained via Freedom of Information legislation – reveal the Councils’ staggering £5 million a year spend on in-house, external lawyers and Advocates.

From January 2014 to  31 May 2017, the figure revealed by Edinburgh Council  details some £15,265,175 spent on lawyers.

During the five months from 1 January to 31 May 2014, Edinburgh Council spending on lawyers alone was £1,016,252

The totals for each year since reveal: 2014-2015: £4,812,170, from 2015-2016: £4,104,736, from 2016-2017: £4,649,121 and in only two months from 1.4.17 to 31.5.17 a further £682,896.

In the same period Edinburgh Council also paid the sum of £229,107 to the Scottish Courts and Tribunals Service (SCTS).

Initially, Edinburgh Council attempted to argue that the commercial interests of the Council, the solicitors, advocates and QC listed in the disclosure would be harmed by the disclosure of the withheld information.

However the identities of law firms involved in the payments, but not the exact payments to the actual law firms themselves were eventually disclosed.

The full list of law firms on the payroll of Edinburgh Council includes law firms which have also been subject to PoliceScotland investigations, firms subject to multiple complaints by clients accusing partners of fraud and dishonesty, and a law firm where a stolen £38m Leonardo da vinci painting was ‘found’ in a safe during a Police raid:

Law Firms and Solicitors:

Adams Whyte Solicitors, Aikman Russell Dunlop WS, Aitkens The Family Law Solicitors, Allan McDougall & Co SSC, Allingham & Co (Solicitors) Ltd , Anderson Strathern LLP, Arbuthnott McClanachan, Ashurst LLP, Balfour & Manson, BCKM Solicitors, Berwin Leighton Paisner LLP, Beveridge & Kellas SSC, Brechin Tindal Oatts, Brodies LLP, Burness Paull LLP, Campbell Smith WS, Clan Childlaw, Clyde & Co (Scotland) LLP, CMS Cameron McKenna LLP, Community Law Advice Network, Crown Office & Procurator Fiscal Service LINETS, Digby Brown Solicitors, Drummond Miller LLP, Duncan and Wallace SSC, Dundas & Wilson CS LLP, Edinburgh Law Seminars Limited, Edinburgh Law Solicitors and Notaries, Ennova Law, Eskhill and Company, F M McConnell SsC, Frances McChlery Consulting, Fraser Shepherd, FT & DC Wallace, Garden Stirling Burnet, Gibson Kerr Law and Property, Harper MacLeod LLP, Hay Cassels, HBJ Gateley Wareing Scotland LLP, Hughes Walker Solicitors, Iain Smith & Partners, Innes & Mackay Limited, J K Cameron, Jones Whyte, K W Law, Ledingham Chalmers LLP, Legal Services Agency Ltd, Lindsays W S Solicitor,s MacLay Murray & Spens Solicitors, LLP MacRoberts LLP, McCartney Stewart Limited, McKenzies Solicitors, McMillan Williams Solicitors, McNeill & Cadzow, Millar & Bryce Ltd, Morisons Solicitors, Morton Fraser Solicitors, Odonnells Solicitors Limited, Pinsent Masons LLP, Quinn Garland Associates Ltd, R.A Low & Company, RSC Solicitors, Scottish Child Law Centre, Scottish Public Services Ombudsman, Scutt Beaumont Solicitors Ltd, Sheehan Kelsey Oswald, Shepherd & Wedderburn LLP, Simpson & Marwick WS, Sinclair Court Solicitors, Somerville & Russell , T C Young, Thorley Stephenson SSC, Thorntons WS Solicitors, Tods Murray LLP in Administration, Trinity Chambers, Warners Solicitors LLP, William Hodge Shorthand Writers Ltd, Wilson Terris & Co SSC,

Advocates and QC’s:

Rt Hon Dame Elish Angiolini DBE QC, Ruth Innes, David Jack, Morag Jack.

The Scottish Information Commissioner has now been approached to investigate the case and seek disclosure of the amounts of secret legal fees paid to former Lord Advocate Elish Angiolini – after Edinburgh Council claimed the payments of substantial sums of public cash amounted to ‘personal data’.

A separate approach to the SIC is to be made over exact payments to law firms, given the sheer size of payments of public cash – which some legal insiders contend are an indication of law firms generating work for themselves to keep them afloat.

Do you have an experience with Edinburgh Council and any of the law firms listed in the Freedom of Information disclosure? If so, DOI would like to hear from you by contacting us at scottishlawreporters@gmailcom

 

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LOOKING OUT FOR LAWYERS: Scottish Ministers unite with lawyer dominated review panel & pro-lawyer legal regulator – to urge Holyrood MSPs delay probe on proposals for independent regulation of legal services

Ministers, lawyers & legal regulator seek Holyrood probe delay. A PROPOSAL before the Scottish Parliament calling for views on scrapping self regulation of the legal profession in Scotland – has received representations from Scottish Ministers , the Chair of a pro-lawyer review panel and a Law Society-backed legal regulator – calling for MSPs to back off from investigating regulation of legal services.

Unsigned letters from the Scottish Government, the Chair of an ‘independent’ review group dominated by lawyers, and the pro-lawyer Scottish Legal Complaints Commission (SLCC) – call on members of the Scottish Parliament’s Public Petitions Committee to wait until the end of a two year review – conducted by lawyers – before MSPs conduct any independent investigation of lawyers investigating themselves.

A letter from the SLCC states: “The SLCC is certainly confident that the independent review of legal regulation will actively consider the issues we have been raising over the last 18 months, and which the petitions support from a public perspective, and look forward to the final report on these complex issues currently expected in July 2018.”

However, in reality the issues raised by the SLCC in a report titled “Reimagine Regulation” do little for consumer protection, leaving complaints and investigations firmly in the hands of lawyers, as was reported last year, here: ROGUES REIMAGINED: Scottish Legal Complaints Commission calls on Scottish Government to reform “complex and legalistic” solicitors’ self regulation & complaints system

Meanwhile, representations from the Scottish Government, and an unsigned letter from the Chair of a lawyer dominated review panel – are careful not to demand outright, but infer MSPs halt their consideration of calls to scrap the historically biased system of self regulation of lawyers in Scotland.

The latest submissions from the three pro-lawyer groups come in the wake of a call for evidence by the Scottish Parliament’s Petitions Committee on two public petitions seeking to replace self regulation of the legal profession in Scotland with fully independent regulation of legal services – as occurs in England & Wales.

In September, MSPs called for views on bringing Scotland into line with the rest of the UK – where a much greater independent level of legal regulation exists compared to the current Law Society of Scotland & SLCC pro-lawyer regulation model.

Petition 1660 calls on the Scottish Parliament to urge the Scottish Government to review the operation of the Scottish Legal Complaints Commission with a view to making the process of legal complaints more transparent and independent.

Petition 1661 calls on the Scottish Parliament to urge the Scottish Government to reform and amend the regulation of complaints about the legal profession in Scotland, which is currently delegated to the Scottish Legal Complaints Commission, by creating a new independent regulator of legal services with powers equivalent to the Solicitors Regulation Authority, Legal Ombudsman, Bar Standards Board and Solicitors Disciplinary Tribunal which serve consumers and clients of legal service providers in England and Wales.

Earlier this year, former Cabinet Minister Alex Neil MSP (SNP Airdrie and Shotts) said the ‘independent’ review created by the Scottish Government, should include judges – and the membership of the review team should be expanded to balance up the panel’s current top heavy legal interests membership.

In another development, Alex Neil recently branded the Scottish Legal Complaints Commission (SLCC)  “a toothless waste of time” – after the legal services regulator failed to act in a high profile case involving a senior QC – John Campbell – who is caught up in a cash payments scandal – which has since led to information provided to journalists on other Advocates & QCs who have demanded & pocketed substantial and apparently undeclared cash sums from clients.

During the debate on the two petitions – on 21 September – members of the Public Petitions Committee agreed to write to the Scottish Government, the Scottish Legal Complaints Commission, the Law Society of Scotland, the Faculty of Advocates, Scottish Solicitors’ Discipline Tribunal, Citizens Advice Scotland and the Judicial Complaints Reviewer.

It is also open for anyone else to put their views to the Petitions Committee on these petitions, or for constituents to request their MSPs submit material on their constituents behalf.

Regulation of legal profession reform – Public Petitions Committee 21 September 2017

Legal Profession (Regulation) (PE1660 & PE1661)

The Convener: The next two new petitions are PE1660 by Bill Tait and PE1661 by Melanie Collins, both of which raise similar issues in relation to the current system for complaints about legal services in Scotland. Members have a copy of the petitions and the respective SPICe briefings.

PE1660 calls on the Scottish Parliament to urge the Scottish Government to review the operation of the Scottish Legal Complaints Commission to make the process of legal complaints more transparent and independent. PE1661 calls on the Scottish Parliament to urge the Scottish Government to reform and amend the regulation of complaints about the legal profession in Scotland, which is currently delegated to the Scottish Legal Complaints Commission, by creating a new independent regulator of legal services with powers equivalent to the Solicitors Regulation Authority, the Legal Ombudsman, the Bar Standards Board and the Solicitors Disciplinary Tribunal, all of which serve consumers and clients of legal service providers in England and Wales.

Do members have any comments or suggestions for action on the petition?

Michelle Ballantyne: First of all, I note that there is a review under way. However, although it was launched in April, it is not due to report until the end of next year, which seems an awfully long time.

I am concerned about a turkeys voting for Christmas arrangement with regard to oversight of this matter. There needs to be some clear water between lawyers and those who review them, and this feels a bit close for comfort. We should check where the review is going and what it is looking at, because if it has been launched, the question is whether we need to be doing something parallel alongside it.

Angus MacDonald: Both petitions are extremely timely. Bill Tait and Melanie Collins have highlighted serious issues with regard to the legal profession and the way in which the SLCC operates in respect of complaints. I agree with Melanie Collins that there is a strong argument in favour of creating a new independent regulator of legal services, and I agree with Bill Tait’s call to make the process of legal complaints more transparent and independent.

In recent years, we have seen a degree of conflict between the SLCC and the Law Society of Scotland over the operation of the complaints system. I am sure that I was not the only MSP to receive representations from the Law Society earlier this year, stating frustration and disappointment at the increase in the SLCC levy to be paid by solicitors. It also stated that the complaints system was slow, complex, cumbersome and expensive. There is no doubt in my mind that this is the right time to look at this issue.

As Michelle Ballantyne has mentioned, the Scottish Government has acknowledged that the current process for people wishing to make complaints about their solicitor is too slow and complex, so I was certainly pleased to see the Scottish Government launch its independent review of the regulation. However, I take on board Michelle Ballantyne’s point about the review not being due to report back until the end of 2018; the period seems quite lengthy, but clearly, we can contact the Government for clarification. Given the similarity of the two petitions, there is a strong argument for joining them together to help move them forward.

The Convener: First of all, does the committee agree to join the petitions together? It seems to me that they deal with the same issues.

Members indicated agreement.

Brian Whittle: Am I correct in thinking that the Law Society called for a change and was rebuffed?

Angus MacDonald: I am not entirely sure—it certainly was not happy.

Rona Mackay: It was about the levy. It was not happy with some of the SLCC’s operation, but, as far as I am aware, it has not formally called for a change.

Brian Whittle: I thought that it was investigating this very point and was rebuffed. I might be wrong.

The Convener: It would be worth getting it clear in our own heads where all of this stands. We can obviously ask for that information.

The suggestion is that we write to the Scottish Government about the review’s timescale and remit, and I think that we should write to the relevant stakeholder bodies to ask about what issues they have. It does not feel that long since the legislation was passed, so it would be a natural time to look at and reflect on whether it has been effective and what the alternatives might be. My sense is that, when the legislation went through Parliament, we wrestled with the options—it did not go through without debate. Perhaps we should look at whether this is a bedding-in issue or an actual structural problem and whether, as the petitioner suggests, the issue needs to be revisited and a different kind of regulatory body put in place.

I think that we have agreed to write to the Scottish Government, the Scottish Legal Complaints Commission, the Law Society of Scotland and the Faculty of Advocates. Citizens Advice Scotland was mentioned, as was the Scottish Solicitors Discipline Tribunal. Are there any others?

Angus MacDonald: Would it be worth contacting the Judicial Complaints Reviewer? Although it deals with judicial complaints, as per the title, it would be good to get its view, if it has one. Of course, it is not compelled to reply.

The Convener: Do we agree to deal with both petitions in that way?

Members indicated agreement.

The latest submissions from the Scottish Government, the Chair of the Independent Review of the Regulation of Legal Services and the Scottish Legal Complaints Commission, are reprinted below:

PE1660/E & PE1661/E Scottish Government submission of 6 November 2017

I refer to your letter dated 28 September 2017 seeking the Scottish Government’s views on petition PE1660 by Bill Tait with regards to the operation of the Scottish Legal Complaints Commission, and petition PE1661 by Melanie Collins regarding amending the regulation of the complaints about the legal profession.

The independent review of the regulation of legal services, announced in April 2017, has been set up to look into these matters and that we understand that the chair, Esther Roberton, will be responding to the committee separately.

The chair is due to report to Ministers by the end of July 2018 and will include the review findings around the complaints handling system.

PE1660/D & PE1661/D Chair of the Independent Review of the Regulation of Legal Services submission of 23 October 2017

I refer to your letter dated 28 September 2017 seeking the Scottish Government’s views on the calls from Bill Tait to review the operation of the Scottish Legal Complaints Commission, and from Melanie Collins to reform and amend the regulation of complaints about the legal profession in Scotland.

The independent review of the regulation of legal services was announced by the Minister of Community Safety and Legal Affairs, Annabelle Ewing on 25 April 2017. I chair the review and my deadline to report to Ministers is by the end of July 2018.

As described in the remit for the review, which is broad, its purpose is to make independent recommendations to reform and modernise the statutory framework for the regulation of legal services and complaints handling. We are committed to ensuring that our recommendations focus on consumers, providers of legal services and the market place for legal services in Scotland. The time is right to appraise the regulatory system, which last saw substantial changes as a consequence of the 2010 Act, and which the current regulators and others agree is ready for review.

The panel, made up of individuals with experience in legal services, consumer interests, regulatory systems, and complaints systems have met five times to date.

Gathering evidence from a full range of stakeholders with an interest in our work is crucial to help inform our findings. This includes professional bodies, regulators, consumer bodies, a wide range of providers of legal services, business organisations and others. Stakeholder events will take place in November-December, with a formal call for evidence launching at the turn of the year.

The review is also considering relevant information such as regulation in other sectors and in legal services regulatory systems from other parts of the world, and has commissioned a specific study into unregulated legal services.

I have copied this letter to the Justice Committee and am happy to provide further updates if either committee wishes those in due course.

PE1660/C & PE1661/C Submission from Scottish Legal Complaints Commission of 31 October 2017

Thank you for your letter of 26 September about the Petitions Committee on 21 September about petitions PE1660 (Bill Tait) and PE1661 (Melanie Collins) relating to regulation and complaints in legal services.

We spoke on 27 October. For some reason, which neither of us could identify, we had not received the original letter, although had been expecting it and indeed had emailed on 10 October to ask if we were to receive such a letter. We’re very grateful, therefore, that you allowed us a short extension to respond.

We agree there is a strong case for reform in some areas, we have actively lobbied for this, and we’re confident the current Independent review of the regulation of legal services will address matters.

In this letter the SLCC sets out our general position on reform first, which significantly pre-dates the petitions, and then addresses some specific issues raised in the petitions.

THE SCOTTISH LEGAL COMPLAINTS COMMISSION

The Scottish Legal Complaints Commission (SLCC) is the independent gateway for all complaints about solicitors, advocates and commercial attorneys. We have experience of handling over 10,000 complaints, and last year alone awarded consumer redress over £324,000. An independent Consumer Panel also helps guide our work.

For a two-page summary of our work, and its impact on consumers see: https://www.scottishlegalcomplaints.org.uk/media/69464/annual review.pdf

OUR PROPOSALS FOR REFORM

The SLCC has actively called for radical change to the regulation of the sector. In July 2016 we published our paper #ReimagineRegulation, which is available on our website: https://www.scottishlegalcomplaints.org.uk/reimagine-regulation.aspx. A detailed set of supporting appendices provide, among other things, a history of the Scottish Parliament’s involvement in these issues since the parliament’s creation.

We hope this is of assistance to the Committee.

The SLCC robustly highlighted key areas for change which we believe could deliver better results for the sector and for the consumer:

1. Unravelling the current complex complaints maze

Up to four statutory bodies can be involved in a single case, causing duplication and delay. We provide a visual representation of the ‘customer journey’ to highlight the current problems.

2. Reducing statutory detail that focuses on processes, not outcomes for people

Complex and inflexible processes have lost sight of the principles of better regulation and distracted from a focus on the outcomes for the public and sector.

3. Ensuring that when redress is awarded the client receives it

In too many cases redress is awarded but failings in the current system mean the complainer does not receive it, undermining confidence in the system.

4. Targeting risk, and not seeing all legal services as the same

For example, conveyancing is a major driver of all regulatory costs across more than one statutory body – how do we either better support, or more proportionately regulate, in that area to reduce this consumer detriment?

5. Embedding the consumer principles

Professional voices in debates in regulation are always informed, strong, and well resourced. We need to understand consumer’s need, and hear their voice, if regulation is to be credible.

6. Learning from complaints and data to improve future outcomes

Modern regulation is about identifying and targeting risk, and creating proportionate and agile structures to tackle issues in fast moving markets. 10 years after our establishment we too often find it is the same basic issues causing problems with consumers, with little done (it being outwith the SLCC’s remit) to tackle the root cause.

SPECIFIC ISSUES RAISED IN THE PETITIONS

A key question is raised about a single regulator, or at least complaints body, and the SLCC believe this merits serious consideration. The cost and confusion caused by four different bodies, for a sector of only 11,000 professionals, is an issue in its own right.

Even if a single body is not eventually possible, debating that model will more sharply focus the discussion on the core purpose and aims of regulation in the sector, and the key mechanism to reduce risk and support a sustainable market, rather than starting discussion from the perspective of the current fragmented roles and responsibilities.

The SLCC also agrees oversight issues need considered. At the moment there is a fractured framework. For example, whilst the SLCC is overseen by an independent Board of Commissioners appointed by government, is subject to Freedom of Information, and comes within the remit of Audit Scotland, not every organisation involved in regulation is currently so transparent, nor under such financial scrutiny. At the moment no bodies, including the SLCC, come under the best practice promoted by the Regulatory Reform (Scotland) Act 2014. As we continue the journey of the modernisation of legal regulation a single approach to oversight, with consistent minimum legislative requirements, would be a positive outcome.

Several statutory levies are payable by lawyers, and the value of the fees, and the balance of spending between regulatory and representative functions, should be considered in the round. None of the bodies currently involved have their budgets approved by parliament. In all governance matters legislation is balancing the need for regulation independent from government with what are appropriate governance structures. As with many issues raised, this may be best looked at in the round, as from the lawyer and consumer perspective it is the total cost of regulation which is key.

The SLCC had already raised concern at the only route of appeal being to the Court of Session. This point was made in our paper last year about reform, and we believe the legislation should be amended to allow a more proportionate mechanism. This is part of reducing the current complaints maze, so there is a single investigation, and single set of decisions, and a single appeal.

The SLCC supports the emphasis placed on independent regulation. We believe expert input into regulation is absolutely essential, and that a regulator must be credible to the profession as well as the public. However, the best model for delivering this has been contentious in previous parliamentary debates. The overwhelming trend in UK terms for regulation has been around an ongoing journey from self-regulation to independent regulation (for example, only today, joint work has been published by the four UK health departments on the evolution of governance in the regulation of health professionals:

https://www.gov.uk/government/consultations/promoting-professionalism-reforming- regulation para 4.18 onwards). These petitions highlight that this is likely to be the expectation of the public.

In all of this public and consumer voices are vital. There is a deeply worrying lack of independent research into consumer needs and detriments in Scotland in the legal sector. The SLCC’s Consumer Panel has been instrumental in flagging this in recent years. However, the government’s own previous review of legal regulation in 2006 had raised this as a concern, and the situation has, if anything, deteriorated further since then (for example with Consumer Focus Scotland no longer in existence and doing work in this field). A top priority should be the creation of a better evidence base from those who use services, alongside the professional voices.

Ignoring those consumer voices has consequences, and this is relevant to one specific issue raised in this petition. In debating the legislation that led to the creation of the SLCC consumer groups valued transparency, and that the SLCC should be able to publish decisions about complaints. However, after extensive lobbying by other interests a decision was made that not only would the outcome of complaints not be published, but that a new criminal offence would be created for any divulgence of information, an offence so wide that it covers even confirming if a complaint has been received. This is out of step with other professions and sectors, and other jurisdictions, where there is more discretion to publish when there is public interest. The SLCC understands the frustration of complainers, but must abide by the current legislative framework. As with most issues covered in the petition, we had raised this ourselves last year in our paper on reform.

LEVY

We noted in the discussion within the committee mention of our consultation on the levy for solicitors last year (the fees all solicitors, advocates and commercial attorneys need to pay each year, set to cover the cost of processing complaints).

Although in past years the SLCC had managed to reduce the levy, a significant increase was proposed last year. This was driven by a number of factors, the two biggest of which were a rise in complaints and a judicial review, and 17 appeals to the Court of Session, launched by the Law Society of Scotland.

The rise in complaints had been steep, with a 12% increase in complaints against solicitors within 12 months. This has now been followed in the subsequent year by a further 2% rise, and current predictions are that complaint numbers are continuing to increase. We recognise paying the cost of complaints is not popular with any sector, and as a member led organisation the Law Society would always challenge costs, but a more positive debate would have focussed on how to tackle the common cause of complaints and reduce harm to the public.

In terms of the number of litigations by the professional body, we were pleased to win the ‘test case’, and to have the court confirm SLCC had been acting in a way consistent with ‘good public administration’. We had publicly warned these litigations would cause cost, delay and worry to complainers and practitioners, and were unnecessary, as proved to be the case. We were disappointed that in their lobbying against the levy the Law Society did not mention its own actions were one of the big drivers of cost.

CONCLUSION

I hope our #ReimagineRegulation paper displays a body which is not only ‘up for’ change, but actively trying to stimulate a debate about how parliament, government, consumers and the profession can work together to create a better system in Scotland.

The SLCC is certainly confident that the independent review of legal regulation will actively consider the issues we have been raising over the last 18 months, and which the petitions support from a public perspective, and look forward to the final report on these complex issues currently expected in July 2018.

Reimagine Regulation – SLCC priorities for a consultation on legal services regulation

Reimagine Regulation – SLCC appendices to our main paper

SLCC Annual Review 2017

LAWYERS REVIEW THEIR OWN REGULATION: Third attempt by SCottish Government at reforming biased system of solicitors self regulation.

The latest review of the way lawyers regulate themselves marks the third attempt at addressing problems created by Scotland’s pro-lawyer system of self regulation, where lawyers write the rules, and look after their own.

In 2001, the Scottish Parliament’s Justice 1 Committee, under the Convenership of Christine Grahame MSP, met to consider evidence in relation to calls to reform regulation of the legal profession.

The inquiry, gained by the late, widely respected MSP, Phil Gallie, heard evidence in relation to how complaints were investigated by the legal profession.

However, Mr Gallie was replaced by Lord James Douglas Hamilton, and the Committee eventually concluded not to amend how the Law Society regulated Scottish solicitors.

A second, more substantive attempt to reform regulation of the legal profession came about in 2006, with the Scottish Parliament’s then Justice 2 Committee taking on consideration of the proposed Legal Profession & Legal Aid (Scotland) Act, which received Royal Assent in 2007.

The LPLA Act led to the creation of the now widely derided Scottish Legal Complaints Commission – once touted as an ‘independent’ solution to handing complaints against solicitors and advocates.

A mere nine years after the creation of the SLCC in 2008, the badly run legal quango, often itself the subject of scandal, charges of incompetence and downright bias – has become as much a threat to consumer protection as the Law Society itself was in the days when complaints were handled at the Law Society’s former HQ in Drumsheugh Gardens, Edinburgh.

Regulating the legal profession: Usual suspects selected by legal profession to carry out independent review on regulation of solicitors:

The independent review of the regulation of legal services in Scotland is expected to consult widely with stakeholders and report to Scottish ministers by the end of 2018.

The independent chair of the review is Esther Roberton, current chair of NHS 24. Ms Roberton has extensive senior leadership experience in the NHS and other areas of public life.  She is also currently a board member of the Scottish Ambulance Service (2014-18).  She was chair of SACRO (2010-2014) and until recently also sat on the Crown Office and Procurator Fiscal Service Audit and Risk Committee (COPFS ARC).

The review panel have confirmed their participation as follows:

•      Christine McLintock – immediate past president Law Society of Scotland
•      Alistair Morris – chief executive of the management board, Pagan Osborne (Law Society of Scotland)
•      Laura Dunlop QC – Hastie Stables (Faculty of Advocates)
•      Derek Ogg QC – MacKinnon Advocates (Faculty of Advocates)
•      Neil Stevenson – chief executive of the Scottish Legal Complaints Commission
•      Nicholas Whyte – chair of Scottish Solicitors’ Discipline Tribunal
•      Ray Macfarlane –  chair of the Scottish Legal Aid Board
•      Jim Martin – outgoing Scottish Public Services Ombudsman
•      Dr Dame Denise Coia – chair of Healthcare Improvement Scotland
•      Prof Lorne Crerar – chairman, Harper Macleod LLP
•     Prof Russel Griggs – chair of the Scottish Government’s Independent Regulatory Review Group
•     Trisha McAuley OBE – independent consumer expert

A full report on the Scottish Government’s review of legal services – unmasked as a lawyer dominated pro-self regulation panel – can be found here: REGULATED REVIEW: Scottish Government panel to look at self regulation of lawyers – Former Cabinet Minister calls for review to include judiciary, and panel membership to strike ‘better balance between lawyers & non-lawyers’

 

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LOOK AFTER LAWYERS: Law Society wants to keep 70 year ‘successful’ system of lawyers investigating themselves – in response to Scottish Parliament petitions calling for UK style independent regulation of legal services in Scotland

Law Society says lawyers should investigate themselves. A PROPOSAL before the Scottish Parliament calling for views on scrapping self regulation of the legal profession in Scotland – has heard claims lawyers have successfully investigated themselves for seventy years – and that this ‘arrangement’ should continue.

Members of the Scottish Parliament’s Public Petitions Committee have now received the views of the Law Society of Scotland , and Scottish Solicitors Discipline Tribunal  (SSDT) – who both want to continue the current system where lawyers maintain their own ‘standards’, write their own rules, and investigate complaints against themselves.

The Law Society of Scotland stated in a letter to MSPs – PE1660B and PE1661B: Law Society of Scotland“the dual role of regulation and professional support has been successfully carried out for almost 70 years”

The Law Society goes on to claim “This issue was considered in depth by the Scottish Government ahead of the 2010 Legal Services Act with a clear conclusion that the model of having a single professional body was right for Scotland.”

However, thousands of complaints a year made against solicitors in Scotland by clients who end up considerably worse off financially after bruising encounters with lawyers even on the most common legal services show the profession’s self regulation model as predominantly dishonest.

The Scottish Solicitors Discipline Tribunal – who were exposed in a BBC Scotland documentary for shying away from striking off serially dishonest solicitors – ‘suggested’ in their own letter to MSPs – PE1660 A and PE1661: Scottish Solicitors Discipline Tribunal – that the Scottish Parliament wait until a two year review is complete before considering the petitions.

The Disciplinary Tribunal said in it’s letter to the Committee: “The Tribunal considers that the issues raised in Petitions PE1660 and PE1661 are being considered in the current Review which includes an examination of the legal complaints system in Scotland and an analysis of legal complaint handling in other jurisdictions. Perhaps it would be appropriate to await the recommendations of the current Review before there is detailed consideration of the issues raised in these Petitions”.

However, the Scottish Government review referred to by the Disciplinary Tribunal –  has already come in for stinging criticism due to it’s dominant complement of vested interests from the legal profession who lobby against any change to the current system of regulation where lawyers investigating themselves.

The letters come in response to petitions being considered by the Public Petitions Committee calling for a radical overhaul of the way complaints against the legal profession are handled in-house by the Law Society and ‘independent’ Scottish Legal Complaints Commission (SLCC).

In September, MSPs called for views on bringing Scotland into line with the rest of the UK – where a much greater independent level of legal regulation exists compared to the current Law Society of Scotland & SLCC pro-lawyer regulation model.

Petition 1660 calls on the Scottish Parliament to urge the Scottish Government to review the operation of the Scottish Legal Complaints Commission with a view to making the process of legal complaints more transparent and independent.

Petition 1661 calls on the Scottish Parliament to urge the Scottish Government to reform and amend the regulation of complaints about the legal profession in Scotland, which is currently delegated to the Scottish Legal Complaints Commission, by creating a new independent regulator of legal services with powers equivalent to the Solicitors Regulation Authority, Legal Ombudsman, Bar Standards Board and Solicitors Disciplinary Tribunal which serve consumers and clients of legal service providers in England and Wales.

The move by Holyrood to look at the issue of self regulation of lawyers – comes after the Scottish Government announced a ‘review’ of legal services regulation in Scotland, back in April 2017.

However, the Scottish Government ‘review’ – will not report back until the end of 2018 and with non binding recommendations – and has come in for significant criticism after it was found there was only one consumer related interest among the legal related membership.

When the review was announced earlier this year, former Cabinet Minister & SNP MSP Alex Neil said the review remit should also include judges.

Alex Neil said: I hope it produces radical and robust proposals. I also hope it covers the judiciary as well as lawyers.”

Mr Neil also called for greater fairness in the panel’s membership, to include members from outside the legal establishment.

Mr Neil added: I hope the membership of this review panel will be expanded to get a better balance between lawyers and non-lawyers”

A full report on the Scottish Government’s review of legal services can be found here: REGULATED REVIEW: Scottish Government panel to look at self regulation of lawyers – Former Cabinet Minister calls for review to include judiciary, and panel membership to strike ‘better balance between lawyers & non-lawyers’

During the last debate on the two petitions, members of the Public Petitions  Committee also agreed to write to the Scottish Government, the Scottish Legal Complaints Commission, the Law Society of Scotland, the Faculty of Advocates, Scottish Solicitors’ Discipline Tribunal, Citizens Advice Scotland and the Judicial Complaints Reviewer.

Regulation of legal profession reform – Public Petitions Committee 21 September 2017

If proposals within the petitions go ahead, this would bring regulation of legal services in Scotland into line with independent regulation as practiced in England & Wales.

The full letter from the Law Society of Scotland to the Public Petitions Committee:

PE1660/B PE1661/B Law Society of Scotland submission of 16 October 2017 REGULATION OF THE SCOTTISH LEGAL PROFESSION

Thank you for your letter of 29 September. We are grateful for this opportunity to feed into the Committee’s consideration of petitions PE1660 and PE1661.

As the professional body for Scottish solicitors, we share the petitioners’ desire to improve the regulation of legal services. The Scottish legal sector has evolved considerably since the introduction of the Solicitors (Scotland) Act 1980, which is the main legislative framework governing the regulation of legal services. We are clear that reform is needed, both to protect clients’ interests and to ensure the legal sector, which contributes so significantly to the Scottish economy, can be competitive and continue to thrive.

We approach these issues with almost 70 years’ experience of delivering robust regulation of the legal profession. As the principal regulator of Scottish solicitors, we take our duty to protect the public interest extremely seriously, a fact demonstrated through the range of activity which we carry out.

First and foremost, we set high professional standards which all solicitors must meet, including a robust route to qualification along with practice rules and guidance which is regularly reviewed. Our highly trained financial compliance team inspect around 370 law firms each year to ensure compliance with our strict accounts rules. In 2015/16 and as a result of these inspections, we raised 17 complaints of our own to the Scottish Legal Complaints Commission (SLCC). Additionally we intervene quickly in firms when things go wrong, ensuring clients know who to contact, where their files are and offering the assurances they need. Even when clients choose to no longer pursue an initial complaint against their solicitor, we will raise our own complaint if it is in the public interest and in order to maintain standards. In total we raise around 30 complaints a year against solicitors to the SLCC.

By setting, maintaining and vigorously enforcing standards, we strive to ensure that consumer interests remain the central focus of our regulatory work and that consumer confidence in the Scottish solicitor sector remains high. A poll of the Scottish public in

2016 indicated that 90% of those surveyed are satisfied with the services provided by their solicitor and 82% would recommend their solicitor to others. That poll also demonstrated high levels of trust in the legal profession as a whole.

The case for change: We recognise that, despite the strong system of regulation in place, further work is needed to improve that system. This is particularly true around the area of complaints handling, where processes need to be simpler and consumer protection stronger. Given the regulatory framework and processes involved are set out within primary legislation, we are afforded little flexibility within the existing system. This is why we proactively approached the Scottish Government in 2015, submitting a detailed paper which set out the case for new legislation to better protect consumers and allow the legal services market to thrive . Our proposals include better regulation of legal firms and individual solicitors to improve standards in addition to a wider regulatory reach over other legal professionals.

This is in response to the dramatic changes we are seeing in the Scottish and UK legal services market. New expectations from clients, new business models, the growth of cross border legal firms and increased technology are all serving to reshape that market. Yet most of the legislation covering the operation and regulation of the legal market is approaching 40 years old and did not anticipate the changes we are seeing today.

Whilst taking forward reform, we also believe it vital to preserve the elements and principles of the current regulatory framework which work well – the independence of the legal profession; a single professional body; independent discipline body. These must be protected.

We were delighted that, in response to our proposals, the Scottish Government established the independent review of the regulation of legal services, now being chaired by Esther Roberton. We believe this offers a real opportunity to develop a consensus on what reforms are required and how they can be effectively delivered.

The complaints system: We note the ultimate aim of both petitions is to urge the Scottish Parliament and Scottish Government to review complaints about providers of legal services in Scotland. We share the petitioners’ concerns and frustration in relation to the complex and unwieldy complaints process that currently exists from the existing legislation.

The introduction of the Legal Profession and Legal Aid (Scotland) Act 2007 created the Scottish Legal Complaints Commission (SLCC) which opened on 1 October 2008. The SLCC is a complaints handling body which operates independently of the Law Society and Scottish Government. It has important oversight powers in relation to the handling of conduct complaints by the legal professional bodies, including the power of audit in addition to other consumer protection matters. Under the provisions of the 2007 Act, the Law Society retains the responsibility for managing and investigating complaints relating to the conduct of Scottish solicitors.

We regularly engage with the SLCC and enjoy a close working relationship of mutual respect and recognition. We discuss shared matters of concern and ideas for improving the complaints process to the benefit of complainants and the legal profession. We are frequently in discussions with the SLCC and other stakeholders with regard to the various challenges which the 2007 Act raises in relation to legal complaints, in particular the complex processes at the gateway / eligibility stage which result in unacceptable delays.

We believe the whole system for managing legal complaints needs to be changed to make the processes involved easier and quicker for the consumer. We are currently in discussions with the SLCC regarding an interim solution which could be delivered through secondary legislation. This offers the chance to improve the system by speeding up the eligibility stage of the complaints process until such time as more permanent changes can be made.

Given that there is no ability for a complainer to make a complaint on the SLCC’s handling of a service complaint, we strongly believe there should also be independent oversight of the SLCC, particularly as the SLCC perform the oversight functions of the Law Society of Scotland and Faculty of Advocates relating to conduct complaints.

We note that during the Committee’s meeting of 21 September 2017 a number of members referred to the Law Society’s campaign which resulted in many solicitors contacting their local MSPs to express concerns over the increase in the SLCC’s budget for 2017/18. During this campaign, we raised concerns that the SLCC’s budget could not be formally objected to by Ministers or by Parliament. This emphasises the challenge about the lack of effective independent oversight of the SLCC. I enclose a copy of the standard letter which formed the basis for many of the emails sent to MSPs earlier in the year. We would be happy to provide further background information or meet members of the Committee to further clarify the circumstances that led to the campaign and our position.

We have provided some further information on each petition below:

PE1660:  The petitioner argues that the existing appeals route against decisions by the SLCC, via the Court of Session, forms a barrier to those who wish to appeal.

We fully agree with this view. We recognise that the concept of pursuing legal action against a public body via the court can be a difficult and daunting process.

The requirement to obtain the leave of the Court of Session can put the appeal option out of reach for the majority of complainers, even where they may have fully justified grounds for appealing. This compares starkly to the situation regarding conduct complaints dealt with by the Law Society. Here, if a complainer is not happy with the way we have handled a complaint then they have the option of taking a ‘handling complaint’ to the SLCC. Whilst this does not amount to an appeal, the SLCC can recommend the matter be re-opened for further consideration if due process has not been followed or the decision lacks reasoning. Furthermore, a complainer can appeal a decision directly to the separate and independent Scottish Solicitors’ Discipline Tribunal (SSDT).

There is no equivalent process for those complaints dealt with by the SLCC. The only recourse is through seeking leave of the Court of Session. We believe there is a case for reviewing this and hope the work being undertaken by Esther Robertson and her review group will consider this point.

The petitioner also states that the Law Society ‘appears to desire no involvement, nor introduce quality control’ in the SLCC’s handling of complaints’. It is important to stress that the current legislative framework provides us no role of oversight of the SLCC, its processes or its decisions. Even where there may be occasions that we disagree with a service complaint decision of the SLCC, there are no special mechanisms which allow us to challenge or raise this other than the general provision which are available to the general public.

We also note that comment is made in the background notes on the process by which the SLCC lays reports before Parliament for information only. The provisions of the 2007 Act (Schedule 1 paragraph 16) provide that the SLCC must lay their annual report before Parliament at the end of each financial year. This is in addition to the laying before the Scottish Parliament of the SLCC budget by the end of April each year. These are laid for information only and Parliament has no statutory powers to comment on or amend these in any way. As I have already outlined, we do believe that greater oversight is needed of the SLCC and its performance, a fact which came into stark focus during the budget issues earlier this year.

PE1661: Central to this petition is the call for a wholly independent regulator of legal services in Scotland with no ties to the profession.

The Law Society of Scotland’s dual role of regulation and professional support has been successfully carried out for almost 70 years. This issue was considered in depth by the Scottish Government ahead of the 2010 Legal Services Act with a clear conclusion that the model of having a single professional body was right for Scotland.

At the core of any profession is a commitment to provide the best possible service to the consumer while recognising it has a responsibility to act in the public interest in all that it does. The regulation of the profession is the means by which the profession ensures these aspirations are met.

Our dual role is essential in ensuring that Scottish solicitors deliver the highest practical and ethical standards. To ensure we maintain a practical distinction between our two roles, our regulatory function is clearly separated and works independently of our professional support work. That regulatory activity is overseen by the Regulatory Committee in accordance with the provisions of the Legal Services (Scotland) Act 2010. This means it is an independent committee. The Law Society Council is not permitted to unduly interfere with the work of the Regulatory Committee, nor with the work of its sub- committees which are responsible for taking specific regulatory decisions. This is all clearly set out in legislation. To strengthen that independence, the Convener of the Regulatory Committee is chosen by the committee and must be a lay member. Our current convener Carole Ford comes from the teaching profession, bringing both an expertise in standards setting and enforcement but also a clear commitment to the public interest. The committee she chairs has an equal number of solicitor and non-­solicitor members – another element set out in legislation.

The concept of a single professional body, with both regulatory and professional support functions, is a model seen in other sectors in Scotland and also in other legal jurisdictions around the world.

Here in Scotland, we have the Institute of Chartered Accountants of Scotland (ICAS), the Royal Incorporation of Architects in Scotland (RIAS) and the Royal Institution of Chartered Surveyors (RICS). The teaching profession in Scotland recently moved from separate bodies into the single professional body that is the General Teaching Council. There is clear recognition across a number of professions that having a single professional body is the right approach, particularly given the size of Scotland.

Further afield, Law Societies and Bar Associations around the world have dual responsibility for regulation and professional support. These include the Law Society of Ireland, Law Societies in the provinces of Canada and states of Australia as well as bar associations in US states such as California, Florida and Texas. It provides a cost effective, practical, and coordinated professional approach which works in the interests of the consumer.

Nevertheless, we recognise the specific areas of concern which the petitioner highlights. The petitioner’s background information notes how the Law Society of Scotland cannot become involved in the decisions of the independent complaints handling body, the SLCC. If there is concern over the accountability of the existing independent complaints body, we do not agree that the way to correct this is to create a new regulatory body. Rather it would be better to create the kind of effective oversight of the SLCC which I have described earlier, the kind of oversight which the Law Society faces from our own Regulatory Committee, the SLCC, the SSDT and the Courts.

The background notes also assert that over 600 complaints were dismissed as a result of the court ruling in Anderson Strathern vs. SLCC (CSIH 71XA16/15). As a result of the ruling, which affected around 250 complaints already in the system, the Court of Session has now made a further judgment on the way these cases should be dealt with . We are working with the SLCC to implement the judgment which centres on the way the SLCC have categorised complaints.

We have worked constructively and collaboratively with the Parliament and other organisations throughout the passage of the Acts of the Scottish Parliament referred to in the petition background notes. As a professional body which has a statutory duty to protect and further the interests of the public and consumers, we have put forward proposals which demonstrate our commitment to these values.

As I have noted, the Scottish Government appointed an independent group to review the provision and regulation of legal services in Scotland, chaired by Esther Roberton. The Committee may wish to consider contacting the review group regarding opportunities for the public, including the petitioners, to present their views on the complaints process for consideration.

Thank you again for the opportunity to respond to these petitions. If we can provide any further points of clarification or aid the Committee’s consideration of these petitions further, please contact our Legislative Change Executive.

The letter from the Scottish Solicitors Disciplinary Tribunal (SSDT) to the Public Petitions Committee:

PE1660/A PE1661/A  Scottish Solicitors’ Discipline Tribunal submission of 13 October 2017

Introduction: The Public Petitions Committee met on 21 September 2017 to discuss petitions PE1660 and PE1661. In short, these conjoined petitions call on Parliament to urge the Government to review and reform the system of legal complaints in Scotland by comparing it to the system in operation in England and Wales. The Committee determined to seek the views of various stakeholders including the Scottish Solicitors ’ Discipline Tribunal.

Current system: It may assist the Public Petitions Committee to understand the place of the Tribunal in the system of legal complaints. Complaints against solicitors in Scotland are channelled first through the Scottish Legal Complaints Commission (SLCC). The SLCC deals with matters of inadequate professional services itself. It refers conduct matters to the Law Society. The Law Society has powers to deal with unsatisfactory professional conduct itself. The Law Society may appoint a Fiscal to prosecute the most serious cases before the Scottish Solicitors’ Discipline Tribunal as professional misconduct. Individuals cannot make complaints direct to the Tribunal.

The Scottish Solicitors’ Discipline Tribunal: The Tribunal is an independent formal judicial body constituted under statute and subject to the appellate jurisdiction of the Court of Session. The Tribunal deals with complaints of professional misconduct, complaints that a solicitor has been convicted of an offence involving dishonesty or any other more serious criminal offence, appeals stemming from the Law Society’s determinations regarding unsatisfactory professional conduct, and applications for restoration to the roll of solicitors in Scotland. The Tribunal is made up of 12 solicitor and 12 non-solicitor members. At each hearing the Tribunal comprises two solicitor and two non-solicitor members. Hearings are generally held in public.

The sanctions which the Tribunal can impose are censure, fines of up to £10,000, restriction of a solicitor’s practising certificate, suspension, strike off or prohibition on restoration to the roll, and compensation of up to £5,000 for loss, inconvenience or distress if a Secondary Complainer has been directly affected by the misconduct. Every decision of the Tribunal is published in full subject to the terms of paragraph 14A of Schedule 4 to the Solicitors (Scotland) Act 1980. Occasionally publicity is deferred, for example, pending the conclusion of criminal proceedings.

The Tribunal’s mission statement is to ensure so far as possible that all cases brought before the Tribunal are dealt with in accordance with the legislative framework and the principles of natural justice, bearing in mind the importance of protecting the public from harm and maintaining public confidence in the legal profession. The Tribunal endeavours to deal with cases efficiently and expeditiously. The Tribunal has a duty to be independent, impartial and transparent.

The Tribunal is responsible for the most serious cases of misconduct relating to Scottish Solicitors. Consequently, it deals with far fewer cases than either the Law Society or the SLCC. In the year 1 November 2015 to 31 October 2016, the Tribunal met on 45 days to hear Complaints. 32 new Complaints were received during that year. The Tribunal made 22 findings of professional misconduct and one under section 53(1)(b). The Tribunal made four findings of not guilty and two were remitted to the Law Society to consider as unsatisfactory professional conduct.

PE1660 and PE1661: The Tribunal considers that the system of legal complaints in Scotland can be complicated, lengthy and expensive. To a limited extent, the procedure has been simplified following the Court of Session judgements in Anderson Strathern v SLCC [2016] CSIH 71 and Law Society v SLCC [2017] CSIH 36. However, there are still areas for improvement.

The Tribunal is currently participating in the Review of Regulation of Legal Services; its Chairman is a member of the Review. The remit of the Review is to make independent recommendations to reform and modernise the framework for the regulation of legal services and complaints handling. The Tribunal hopes that this would modernise and streamline complaints handling. The Review’s remit is to focus on the current regulatory framework and the complaints process. Its aims therefore directly cover Petition PE1660 which calls for a review of the operation of the SLCC with a view to making the process of legal complaints more transparent and independent. .

The Review also overlaps Petition PE1661 which calls for reform of the regulation of legal complaints. However, the author of PE1661 calls for this to be done by creating a new independent regulator of legal services with similar powers those held by the SRA, Legal Ombudsman, BSB and SDT in England and Wales. The Tribunal observes that the Scottish Solicitors Discipline Tribunal is the direct counterpart of the SDT in England and Wales. Similarly, the SLCC performs a broadly similar though not identical role to the Legal Ombudsman. The Law Society of Scotland’s Regulation Department performs comparable functions to the SRA. The Faculty of Advocates Disciplinary Tribunal and the Bar Standards Board also have related responsibilities. The role of these bodies in the complaints system is included in the current Review and the Review may make recommendations for changes in this.

Therefore, the Tribunal considers that the issues raised in Petitions PE1660 and PE1661 are being considered in the current Review which includes an examination of the legal complaints system in Scotland and an analysis of legal complaint handling in other jurisdictions. Perhaps it would be appropriate to await the recommendations of the current Review before there is detailed consideration of the issues raised in these Petitions.

LAWYERS REVIEW THEIR OWN REGULATION: Third attempt by SCottish Government at reforming biased system of solicitors self regulation.

The latest review of the way lawyers regulate themselves marks the third attempt at addressing problems created by Scotland’s pro-lawyer system of self regulation, where lawyers write the rules, and look after their own.

In 2001, the Scottish Parliament’s Justice 1 Committee, under the Convenership of Christine Grahame MSP, met to consider evidence in relation to calls to reform regulation of the legal profession.

The inquiry, gained by the late, widely respected MSP, Phil Gallie, heard evidence in relation to how complaints were investigated by the legal profession.

However, Mr Gallie was replaced by Lord James Douglas Hamilton, and the Committee eventually concluded not to amend how the Law Society regulated Scottish solicitors.

A second, more substantive attempt to reform regulation of the legal profession came about in 2006, with the Scottish Parliament’s then Justice 2 Committee taking on consideration of the proposed Legal Profession & Legal Aid (Scotland) Act, which received Royal Assent in 2007.

The LPLA Act led to the creation of the now widely derided Scottish Legal Complaints Commission – once touted as an ‘independent’ solution to handing complaints against solicitors and advocates.

A mere nine years after the creation of the SLCC in 2008, the badly run legal quango, often itself the subject of scandal, charges of incompetence and downright bias – has become as much a threat to consumer protection as the Law Society itself was in the days when complaints were handled at the Law Society’s former HQ in Drumsheugh Gardens, Edinburgh.

Regulating the legal profession: Usual suspects selected by legal profession to carry out independent review on regulation of solicitors:

The independent review of the regulation of legal services in Scotland is expected to consult widely with stakeholders and report to Scottish ministers by the end of 2018.

The independent chair of the review is Esther Roberton, current chair of NHS 24. Ms Roberton has extensive senior leadership experience in the NHS and other areas of public life.  She is also currently a board member of the Scottish Ambulance Service (2014-18).  She was chair of SACRO (2010-2014) and until recently also sat on the Crown Office and Procurator Fiscal Service Audit and Risk Committee (COPFS ARC).

The review panel have confirmed their participation as follows:

•      Christine McLintock – immediate past president Law Society of Scotland
•      Alistair Morris – chief executive of the management board, Pagan Osborne (Law Society of Scotland)
•      Laura Dunlop QC – Hastie Stables (Faculty of Advocates)
•      Derek Ogg QC – MacKinnon Advocates (Faculty of Advocates)
•      Neil Stevenson – chief executive of the Scottish Legal Complaints Commission
•      Nicholas Whyte – chair of Scottish Solicitors’ Discipline Tribunal
•      Ray Macfarlane –  chair of the Scottish Legal Aid Board
•      Jim Martin – outgoing Scottish Public Services Ombudsman
•      Dr Dame Denise Coia – chair of Healthcare Improvement Scotland
•      Prof Lorne Crerar – chairman, Harper Macleod LLP
•     Prof Russel Griggs – chair of the Scottish Government’s Independent Regulatory Review Group
•      Trisha McAuley OBE – independent consumer expert

 

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