The Law Society has, decided to bring back the bad old days of complaints whitewashing, where a client who had complained against their solicitor had little or no part in the actual investigation & consideration of the complaint by the Law Society's infamous Complaints Committee structure, where lawyers had commonly put forward personal submissions either from themselves or their very own Law Society representative before the Committee, while the client of course, had no such luxury or entitlement.

There can be little doubt in this move, the Law Society wishes to retain full control over complaints against solicitors, and the client’s ability to gain access to justice to resolve any difficulties brought upon them by their less than honest or competent legal agents and no doubt the raft of whitewashing from the Law Society itself.

I myself experienced a version of this procedure, where James Ness, the now head of "Law Care", which specialises in dealing with stressed out crooked lawyers, put forward secret submissions for Kelso solicitor Andrew Penman of Stormonth Darling Solicitors, which I was not allowed to see or reply to.

The secret submissions in the Penman complaint then forced the Complaints Committee to change their original decision to prosecute Penman over an unbelievable wide range of frauds found by one of the Law Society's own investigators, which included deceiving Banks, the Inland Revenue, myself, other beneficiaries on legal & financial information relevant to Mr Penman’s woefully poor and rather dishonest legal service provided to my late father’s estate, even going so far to fiddling & falsifying files in an attempt to cover up his actings.

You can read more about the Andrew Penman complaint and how the Law Society of Scotland mishandled it here : Andrew Penman & Norman Howitt : Borders lawyer & accountant team up to ruin Cherbi executry estate

It is fairly clear, from not only my experience, but those of others reported to me, that clients must have a full involvement in the complaints process, whether that be at the Law Society of Scotland or the Scottish Legal Complaints Commission itself ... and from the following letter issued by the Scottish Consumer Council to the Law Society of Scotland over this matter, it would seem there are others in agreement on this :

SCC Director Martyn Evans takes issue with the Law Society of Scotland shifting the goal posts for clients once again …

Martyn Evans, SCC Director :

“While we are unable to comment in detail on the proposed process, we are, as you might expect, concerned at the limited involvement which the complainer will have in the process. While we understand the argument that the complainer is seen as a witness, rather than as a party to the proceedings, we do not consider that this justifies allowing the complainer to have no involvement in the process other than to receive a copy of the final written report on the matter.

We are well aware that this has been an issue of contention in the past, with the solicitor being allowed to make representations on their own behalf, while the complainer is not allowed to do so. It is proposed that only the solicitor will have the opportunity to comment on, and make representations in relation to, the narrative and assessment document produced by the case investigator. This is a very one-sided process and is unlikely to be viewed by complainers as being fair.

If the Society is to ensure that its process is viewed as fair, rather than being seen to take the side of the solicitor, as has been the case in the past, the complainer must also be given the opportunity to comment on this document. It cannot be in the interests of natural justice to refuse to allow the complainer, who may have suffered considerably as a result of the solicitor’s conduct, the opportunity to comment on any representations made by the solicitor.”

Certainly a good thing the Scottish Consumer Council have taken this issue on board, and scanning through my own work on this matter over the years, I note the Scottish Legal Services Ombudsman of the time, who investigated how the Law Society of Scotland whitewashed the Andrew Penman complaint, recommended that solicitors should be banned from making personal submissions in the future as was made for Andrew Penman ... because as I found out from further revelations of the 'Penman submissions', it seems such submissions are usually full of lies and accusations against clients in a desperate attempt by 'crooked lawyers' to get themselves off the hook.

The Scotsman reports on Andrew Penman’s ‘secret representations’ to the Law Society of Scotland’s Complaints Committee :

However, not content with reducing clients rights in terms of involvement in the complaint itself, the Law Society of Scotland has went one step further and reduced the time limit which clients have to complain against a solicitor from the current two years to one year - claiming this 'little talked about' alteration will "help clients" rather than hinder their ability to raise a complaint over poor legal service or conduct in the future.

Time limit on legal disputes – Evening Times 8 July 2008

So, as you can see from the above short comment in the Evening Times newspaper, if your lawyer has served you poorly and covered up his actions to the extent you don't find out what they did until a year afterwards .. there's no chance of getting any redress in the new system .. which is rapidly turning out to sound like the old system now ...

The Scottish Consumer Council’s reaction to this was issued in a Press Release last week as follows :

SCC News Release

Comment on the announcement by the Law Society of Scotland that the deadline for making complaints to them is to reduce to one year as part of the transition to the new Scottish Legal Complaints Commission

Sarah O'Neill, Legal Officer at the Scottish Consumer Council said it was essential that people who have a grievance don't delay lodging their complaint:

"The new Scottish Legal Complaints Commission will be able to award four times as much in compensation where cases are found against a solicitor as the Law Society of Scotland, but there's no point hanging on until October to bring your case in the belief that you’ll get a better outcome under the new SLCC.

"Any complaints relating to work handed to a solicitor for the first time up to and including 30th September 2008 will still be dealt with by the Law Society, which will continue to handle all pre October 2008 cases right up until 2010.

"We accept that there has to be a cut-off and that the Law Society needs to be able to manage the transition of its work to the new body. It's not ideal, though, as there will be cases where solicitors are instructed before October but problems only arise or become apparent long after that date, where clients may be justified in expecting their case to be dealt with under the new, potentially more generous SLCC system."

With two regulators chasing complaints against lawyers, all being handled by either serving or ex Law Society of Scotland staff, the only people to benefit from the Law Society’s changes will of course, be crooked lawyers …

Perhaps our political masters would like to step in and preserve the original intentions of the Legal Profession & Legal Aid (Scotland) Act 2007, which was to clear up corruption in regulation of the legal profession and make things somewhat independent from the lawyers .. which so far, we do not seem to be getting anywhere near ...

Image via Wikipedia

I've now got my Honda Civic which I picked up from Gretna Green. I didn't mind getting the train to Carlisle and then Gretna - I want to learn as much as possible about Scotland's different areas. The train journey made me feel quite emotional - the views for the first part of the journey, through the Scottish Borders, were amazing.

Scotland's landscape never fails to tug at my heartstrings - whether it be Shetland, the road to South Lanarkshire from Balerno, or indeed a simple cycle around Holyrood Park.

Once we crossed into Dumfries & Galloway (Scotland), or maybe Cumbria (England), the landscape flattened out and was less appealing. Gretna Green itself is sweet - mainly due to its unique location (test-driving my car I drove to England and back a couple of times - it's literally 3 miles or so down the road), and its tradition as a wedding escape spot for the English (on which tourism etc. still thrives today).

The car itself is sweet - though alarmingly, I've already noticed some water coming out from underneath the front (not much). I tried checking the water level but couldn't figure out how to open the bonnet! There's a lever on the floor next to the driver's seat which I pulled, and it did open, but there was still resistance so there must be some kind of lever underneath the bonnet too which I'll have to move. I really want to figure it out myself as it's embarrassing asking anyone else that kind of thing!

Finally, it currently doesn't have a stereo. Luckily I saved my stereo from the Renault 5 - now I just need a male mate (i.e. A.) to put it in properly.

/me arranges innocent date to visit A. and S. before they go away on holidays, getting A. to put the stereo in while chatting in the garden with S.

The ranges on the east and south sides of the courtyard are known as the Nithsdale Lodging and show the change of style that had come about by 1634 when the date stone says they were constructed.  Built by Robert the first earl of Nithsdale they show how in later years the castle had become a grand residence, with large windows looking out over the moat and into the surrounding countryside.

The Abbey itself was a Cistercian founded by monks from Dundrennan near Kirkcudbright, and established by Lady Dervorgilla of Galloway in 1273, it was intended as a lasting memorial to her husband Lord John Balliol, which Balliol College Oxford is named after and which his widow continued to endow, who had died five years previous.  When she died in 1289 she was buried in the Abbey along with her husbands heart which she kept close by her in an ivory and silver casket until then, because of this affection the Abbey was called St Mary the Virgin of Sweetheart, it was also known as 'New Abbey' as it was the last of the 12 Cistercian monasteries to be set up in Scotland, although now it is generally only know as Sweetheart Abbey. 

The Abbey suffered under the Wars of Independence being so close to the border and was restored by Archibald Douglas the new lord of Galloway, however after the Reformation it wasn't to be restored again.  While much of its impressive precinct wall remains surround three of the four side of the 30 acre grounds, and much of the Abbey church itself can still be clearly seen the cloisters and other surrounding buildings are all but gone.  

It is set not far from the Solway Firth in lush farmland and has the same wonderful warm, gentle, secure feeling that I think Fountains Abbey has, it is certainly well worth a visit should you be in the area.

Long ago I used to keep a daily diary - writing it was a great way to wind down at the end of the day, but then I got married and there were other things to do at the end of the day.  Not that I'm planning on sharing my deepest secrets with the world.  I just love to sit and think - to reflect on the big things of life and to get the little things into perspective.  So this is just an opportunity to share my thoughts about the world, life, God, everything, to let my mind wander and see where I end up.  Maybe I'll write about what's going on in Newcastleton and in the Scottish Borders, maybe I'll write about things more generally.  Maybe nobody but me will read these words.  I don't really mind.  But if you'd like to respond to anything or to offer your questions or conclusions about life, the universe, God, or anything, I'd be very interested indeed.
-caerba-

Daughter finally managed to find a new flat and move in, had only just got used to her being around again and now have to go through the whole missing her being around again.  The travelling to work and university was just too much so I suppose in the bigger picture the good outweighs the bad.

The 12 months snagging list has been drawn out for the re-development, yes it has really been over a year since the build was completed and handed over, however there are still things that have never been completed and still other things that haven't been completed satisfactory.  The good is that the list is slowly getting shorter, the bad is two fold, firstly that I don't see any chance of the list being completed by the end of June as promised as secondly every time they fix something they either discover or create another thing to add to the list.  I have long been waiting to post a picture of our lovely new glass doors, however they still haven't completed the surrounding area so I am afraid if you want to see them then you will have to just come along - this Sunday services at 10:30am and 6:30pm.

I have also been spending a lot of time hanging around waiting for deliveries which should be good; not the hanging around but the actual item being delivered; only to discover that the wrong thing as yet again been sent.

Of course no run down of the last fortnight or so would be complete without mention of the F1 at Monaco.  Lewis did well especially as it has since emerged that he had a puncture for the final two laps, the race for the drivers championship is wide open.  I felt for Sutil would have loved to see him on the podium, hopefully his performance will mark more good races for him to come and a chance of a seat in one of the major teams in the future.  The weather produced what, for me at least, as to be the race of the season so far.

Thursday evening of this week saw the annual trip over to St Ninian's Polloksheilds for the pre-synod meeting.  I used to know the congregation reasonably well as I started my ordained life in a next door parish, as soon as I stepped into the building I was taken by how light the sanctuary area now was, it has been cleaned to great effect recently, the walls were painted some time ago and the building is no longer a gloomy place to go into.  The meeting however gave a glimpse that General Synod itself might get gloomy, there are several items which people hold varying views on, and it will be up to the person in the chair to stop Synod getting too gloomy.  Kelvin on his blog has a run down on the items.

The Wednesday evening group have come to the end of their 4 Studies and a Party and I am happy to report that that has proved nothing but good, good, good.  I did have apprehensions at the start but they were quickly proved to be unfounded and in a single voice those who attended the studies have been singing their praises and eager to take the next step.  The next step however is the joint vestry day with St Paul and St John, Monklands, next Saturday, only after that can the two groups, the Wednesday group and St Mark's Vestry, get together and cover the final items, identifying our Mission Field and deciding on an event to launch into it.  This is not something that will happen over night, and it is hoped that before the blue touch paper is lit at least one other group will have travelled through the joys of 4 Studies and a Party.  After all the stuff to do with the re-development which while necessary was not what I went forward for ordination for, it is good to finally be getting on with something that I was, of course the first thing we would have discovered had the work not been done was that we needed to do the work!

We did manage to get away for the Bank Holiday down to sunny Dumfrieshire, were according to at least one of the local hotels St John's is the local English Episcopal Church!  Photos will follow next week of two castles and an abbey once I have downloaded them, for now we are heading off to Edinburgh and the Taste of Festival, which we missed last year as I had just come out of hospital after my op, but BB and 'K' enjoyed in our place, so no doubt I you will hear about that at some point next week too.

Pubs are an integral part of the Irish experience. The locals go there to socialize. This particular pub crawl actually took a week or more to happen-- not one night. It started in Tipperary and ended near Hadrian's Wall in the Scottish Borders. Contrary to popular opinion, the average Irish citizen does not drink to excess. They consume less alcohol than many other Western European peoples. However, they do possess the remarkable ability of feeling far more guilty about their drinking than do other cultures.
Wade spends the better part of his three-year mission to Ireland living in a small flat above a pub . The Tickled Trout is its name, and there he joins the local boys in their sessions on a regular basis. A hacker at first, Wade eventually achieves a degree of respectability on the tin whistle, his weapon of choice. The Tickled Trout is a hotbed of Republicanism adrift on a sea of red, white and blue.

Endless examples exist of the likes of lawyers, carers, doctors, accountants, etc, who seemingly take it upon themselves in what would appear a noble gesture, to look after someone not only doing so as the professional they are, but also as a friend.

My own mum, sadly, was a victim of such a scam, where a relative, and the executor of my late father's estate, who both hated me intensely, decided to claim everything for themselves, and followed the well trodden routes those people who engage in these scams do.

I wrote about what happened to my own mum here : A picture is worth a thousand words - Images of fraud reveal corruption & deceit by lawyers & accountants in the Scottish Borders

The documents which accompany the above article are a fairly straightforward presentation of how people go about taking their victims money, little by little, then the lot, from the poor informed person they protest to be 'looking after' or seeing to their interests ... all the while only doing it for the money of course, spreading no end of poison, hurt and lies against people who may pose a threat to their little scheme to take the money, and sparing no effort to split families, relatives, friends, even communities, to cover their tracks at every turn until of course, they are found out and exposed.

Firstly, it begins as a few suggestions, perhaps attempts to disgrace close members of the victims family so they are kept out of the picture, making sure no one gets to find out what is going on, then the work of the con artist begins, of taking control over a victims money, their entire estate, taking the 'power of attorney' (which effectively is giving your life away when you agree to it), and the poor victim being coerced into handing over enormous 'gifts' such as property, huge sums of cash, bank transfers, and 'loans' (never to be repaid of course), and investments which obviously no one would hand over unless they had been bullied or coerced into doing so.

Heres a fairly typical example reported in the media of someone preying on an informed victim : Iain Catto, a former solicitor and senior Scottish Conservative, still with many connections within the Tory party, who robbed his disabled client, whom Catto called a 'friend'.

Iain Catto, offered to look after the finances of Francis Fleming, 59, after he became partially paralysed following a savage assault.

Catto, who was sacked from his job as a solicitor for gross misconduct, was found by the court which sentenced him to jail, to be regularly taking money from Mr Fleming.

Jail term for former councillor

A former Conservative councillor who stole £70,000 from a disabled client who depended upon him as a close friend has been jailed for 27 months.

Disgraced Iain Catto, 41, offered to look after the finances of Francis Fleming, 59, after he became partially paralysed following a savage assault.

Catto, who was sacked from his job as a solicitor for gross misconduct, was regularly taking money from Mr Fleming.

Catto pleaded guilty at Edinburgh Sheriff Court to the theft.

You callously took funds from Mr Fleming to support yourself when you knew that he depended on that money and you
Sheriff Kathrine Mackie

He was stealing sums of £11,000 and £9,000 at a time between December 2002 and 2004 from the criminal injuries pay-out his client had received.

He even sold some of his victim's shares to get more cash.

Sheriff Kathrine Mackie told him: "You callously took funds from Mr Fleming to support yourself when you knew that he depended on that money and you. It was a gross breach of trust."

Mr Fleming's son Frank MacLennan, 42, hit out at the sentence outside the court.

He said: "That is not long enough for what he did to my father. He should have been given at least three or four years."

Bank statements

Edinburgh Sheriff Court had heard that Catto, a member of Lothian Regional Council from 1990 to 1994, frequently asked Mr Fleming to sign blank cheques pretending to look after his finances and had bank statements sent to his home address.

Mr Fleming, who was left partially paralysed and impaired following an attempt on his life in 1968, trusted the solicitor so completely he even gave him a key to his Craigentinny Road home in Edinburgh.

Meanwhile, Catto was buying himself airline and train tickets for the UK and abroad, hotel rooms, restaurant meals, computer software, £300 worth of goods from Oddbins and expensive haircuts.

'Bled father dry'

Catto carried on with the scam until he was found out by Mr MacLennan, who moved from Inverness to Edinburgh to look after his father in July, 2004.

Mr MacLennan said outside of court: "He bled my father dry. We had been planning to move to Spain but now that idea is gone. He lied to my dad and me from the start.

"Although he has repaid the money he cashed in shares that were earning my dad an income. I discovered the stealing when I saw my dad writing blank cheques and looked into it.

"I feel very angry and my dad is devastated and hurt. He considered him to be a very close friend and depended upon him."

I wrote about the Iain Catto story here : Don't trust your lawyer or accountant when they say they have your best interests at heart ...

Mr Catto of course, always protested he had the best interests of his poor client & 'friend', Francis Fleming, at heart - this being a common protestation of those who loot and plunder the vulnerable.

Another not too distant example of this kind of 'feasting off the elderly, infirmed & vulnerable, came with a Daily Record exposure of a Priest, who took control over a frail widow's affairs.

Father Azad apparently flew back to his native Pakistan, reported the Daily Record in the following article, when the Police were called in to investigate the affair ...

FLYAWAY PRIEST AND WIDOW’S £1 MILLION

Jan 24 2007 Exclusive by Karen Bale

Catherine, 85, lets him control her fortune

A FRAIL widow with dementia signed over control of her £1million fortune to her priest.

Catherine MacNeil, 85, gave a £120,000 house to Father Mustaq Azad, and he took control of the affairs of her disabled son.

Fr Azad flew to his native Pakistan after police were called in to investigate the affair. His superiors in the Catholic Church had told him repeatedly to give up his involvement in Catherine’s finances.

Catherine’s angry niece, Morag O’Halloran, 45, of Irvine, Ayrshire, said last night: “This has been an absolute disgrace. A priest is in a position of trust.

“Anybody knows an 85-year-old with dementia is not in the frame of mind to make huge decisions, like handing over her home and rights to a man she hardly knows.

“My aunt signed her life over to him. And until the authorities got involved, he had control of her finances, around £1million.”

Catherine, of Campbeltown, Argyll, was a regular worshipper at Fr Azad’s church, St Kieran’s, in the town.

She spent much of her spare time there, helping at bake sales and organising events.

Catherine met Fr Azad three years ago, when he took over the parish after arriving in Scotland as a missionary from Pakistan.

The pair became friends and he began to visit her frequently at home.

Catherine had a massive stroke in February 2004 and dementia set in soon after.

Morag said: “It was tragic. She has never been the same.

“She had always been fiercely independent. She had been a district nurse and she dedicated her life to looking after her son.”

Social services began helping to look after Catherine and her son Ian, 49, who has a rare genetic disorder which causes learning difficulties.

Then, in March 2005, Catherine gave Fr Azad power of attorney to handle her financial affairs. Seven months later, the priest took on the same responsibility for Ian.

Fr Azad did not tell Morag about his role in her aunt and cousin’s lives.

Catherine gifted the priest her second home, a £120,000 cottage on the Hebridean island of Barra. And six weeks later, according to Morag, he put the house up for sale.

Morag said: “It has remained on the market for more than a year because the people of Barra are aware of the situation. Nobody wants to hand over cash for the house.”

Catherine is now back in hospital after suffering a second stroke. And Morag claimed that Ian, who needs constant care, was left to “fend for himself” as his mum’s condition worsened.

She said: “We discovered he’d been left without his medication for 10 days and had been cooking himself fish fingers every night in the deep fat fryer.

“He was terribly frightened and in an awful state. He phoned and told me his house was going to be taken away and that he would be homeless.

“Then we found a letter from the council saying Ian was on a list for housing.

“Catherine has enough savings for her and Ian to live comfortably for the rest of their lives. There’s no mortgage on the house in Campbeltown and no reason for Ian to be given council housing.

“We’ve now taken Ian to live with us. We will fight tooth and nail to protect him and his interests.”

In October 2006, social workers told Catherine’s family she needed to be moved to a nursing home.

Morag wanted to place her in a home in Saltcoats, a few miles from Irvine, so she and Ian could visit her.

But as she tried to make the arrangements, she found out that Fr Azad had power of attorney.

Morag said: “We were absolutely shocked. Fr Azad never mentioned it. He had kept us in the dark. We couldn’t believe my aunt would have given him control of her life. She hardly really knew him.

“We spoke to Ian, who said he had found cheque books that belonged to his mum with Fr Azad’s name on.

“He had been suspicious and hidden them, although he was too frightened to say anything.”

Fr Azad refused Morag’s request to move Catherine to Saltcoats.

He also failed to hand over the old lady’s financial records and legal documents to social services. In a bid to force the priest to co-operate, social workers called in police.

A police investigation began. And at a meeting on December 29, Fr Azad offered to resign his power of attorney over Catherine’s affairs.

The Bishop of Argyll, Ian Murray, also intervened, demanding that Fr Azad hand over responsibility to Catherine’s family.

Fr Azad was traced in Pakistan, where he is on leave, on Monday of this week. He agreed to hand over his power of attorney for Catherine, and Mora g immediately began moves to have the old lady placed in Saltcoats.

Morag said: “It is unbelievable that social services were forced to call the police to make a priest help an old woman.

“It is beyond belief. Who knows what he was thinking? She is a very wealthy woman and he knows it.”

She added: “Catherine will be given 24-hour care and is in safe hands. In the hospital she has fallen so many times and doesn’t have the care she needs. They don’t have the staff and they need the bed back.

“We are delighted Catherine will now be in a home where she can see Ian every day. She was pining for him.”

Catherine’s family now plan to force the priest to hand over his power of attorney for Ian.

Morag said: “Ian has a lawyer to fight his case for him.”

A spokesman for the Catholic Church said last night: “We do not condone Fr Azad’s actions. He was told repeatedly that he should give up and hand over the power of attorney.”

A church source added: “Fr Azad was advised from the start not to accept the power of attorney or ownership of the house.

“He was told repeatedly to hand the post back. The Bishop last told him at the beginning of January and expected it to be done immediately.

“It’s a very remote parish and nobody was aware of everything that was going on.”

Robert Hynd, a lawyer acting for Catherine’s relatives, said: “We have finally received documents from Fr Azad and he has agreed to hand over the power of attorney to Catherine’s family and allow her to be moved to a nursing home.”

James McEwan, of the law firm representing Fr Azad, said: “Mrs MacNeil gave the house in Barra to him as a gift. I know she took financial advice.

“She asked Fr Azad to take on power of attorney in case he required assistance to speak on her behalf. He has now handed back power of attorney.”

Police said: “Inquiries were carried out but this is not a criminal matter.” Argyll and Bute Council refused to comment.

‘This has been an absolute disgrace. A priest is in a position of trust. My aunt signed her life over

No word yet on further developments, but the same pattern of control, and huge unexplainable gifts being given by the poor victim to those who seek to control all their money for themselves, exists in all of these cases.

Its not just lawyers, accountants and priests who can do this ... as an ex policeman in England proves here : Detective ‘helped himself to widow’s assets’ and who was recently reported by BBC News as being jailed on a related matter here : Detective jailed over card fraud

The same common threads again ... best intentions of course, but all the while, its all about the money and nothing else ..... money, and believe me they are not too fussy about how they take their money off their victim .. and when the money dries up, the poor penniless victim and their family are cast aside, perhaps to line up a new target ...

So, it seems there is little protection for the elderly, infirmed & vulnerable when it comes to long lost relatives or professionals turning up on the scene when there is a hint of getting some money ... surely its time to correct that, and ensure there is a power to detect and intervene in such a situation long before the con artist gets most of the poor victims money, and ultimately gets away with it too while the victim is left penniless, and the family split through the poison of those seeking to take all the money for themselves.

Here, the final example. reported last weekend in the Sunday Mail, of a nurse who certainly got her monies worth from the person she was looking after ... in mysterious ways it seems ... This must surely stop, and new ways must be found to prevent what is turning into a common type of sting these days ...

Nurse Plunders £300K From Dying Patient

Mar 16 2008 By Marion Scott

Exposed: Nurse Who Plundered £300,000 From Doc On Death Bed

A NURSE systematically plundered £300,000 from the life savings of the dying doctor she was supposed to be caring for.

Isobel White was hired from a private agency to look after reclusive GP William Derek Wilson, who was suffering from a chronic brainwasting disease.

Bachelor Dr Wilson, 76, amassed a fortune with his frugal lifestyle.

He wore clothes he'd had for decades, still had his parents' furniture and spent just £14-a-week on shopping, surviving on a diet of ready-made shepherd's pie.

White, who earned £36,000 a year as a live-in nurse, was employed by Positive Nursing Agency to provide 24-hour care for the confused OAP.

She quickly transformed his lifestyle ...and her own.

She booked a £8000 Mediterranean cruise for them both.

She also bought a house with a £100,000 loan from Dr Wilson then persuaded him to change his will and sign over his £250,000 flat to her.

Court papers even accuse her of forging the doctor's signature on a £28,000 cheque payable to her.

White was quizzed by the police days after the doctor died of progressive supranuclear palsy - the same condition that killed actor Dudley Moore.

A theft prosecution was dropped but White was sued after lawyers for Dr Wilson's estate said she used "undue influence" to "induce" him to give her cheques "at a time when he had neither the mental nor physical capacity to do so".

She could not repay the missing money - now almost £400,000 with interest and legal fees - and was bankrupted.

Two flats she owned - including the doctor's old home in Pollokshields, Glasgow - were repossessed.

Now she faces being evicted from the £350,000 home she shares with her 79-year-old mum in nearby Newlands.

Last night White, 53, claimed she had planned to pay Dr Wilson back and said she "tried to breathe new life into him".

She added: "Dr Wilson was a reclusive, withdrawn man who didn't take care of himself.

"His clothes were decades old and his furniture had been owned by his parents. It was clear he had no real enjoyment in his life.

"I started taking him on outings, encouraged him to buy a new wardrobe and start enjoying life. We became friends.

"I encouraged him to take holidays and accompanied him so he was looked after properly.

"He paid for a 19-day cruise on the Oriana but took ill and had to be flown home."

White claims she began quizzing the doctor about his will because she was concerned about what to do if he died.

She said: "His first will left almost everything to a cousin he'd told me he didn't like. When I pointed that out, he called the lawyers and changed it.

"He asked me what I wanted, so I told him I would really like his flat, so he agreed."

The second will - written in September 2000 - left the flat to White and £400,000 to his friend, accountant Douglas Anderson.

After the doctor was taken to hospital it emerged White had received large sums including a £100,000 "loan", £60,000 stock transfer and cheques.

She said: "I fully intended paying him back from the sale of two flats - one belonging to me, the other to my mother who was moving in with me.

"But before I could get those properties on the market, Dr Wilson went into hospital."

He died in Mearnskirk Hospital on May 31, 2002.

A fraud investigation was launched into transactions totalling almost £300,000 but White was told in September 2006 there would be no proceedings against her. She said: "I will go to my grave swearing I didn't take money from Dr Wilson.

"Those cheques were to pay household expenses such as a special hoist to lift him and an orthopaedic bed."

White continues to work as a nurse because she is not under the jurisdiction of the Nursing & Midwidery Council.

An NMC spokesman said: "Our code of conduct states nurses must refuse gifts, favour or hospitality that might be interpreted as an attempt to gain preferential treatment."

Bank papers show 23 cheques totalling more than £4000 paid to White

I took him on outings, encouraged him to enjoy life..we became friends'

For those of you unfamiliar with Bondagers, it is a play by Sue Glover which has become a modern classic.  Set in the Borders of Scotland on the large working farms it is a tale from the 1860's when women, bondagers, were hired by farm hands to work on the farms they in turn had been hired to work on.  The work was hard you needed strong arms, strong hands, strong legs and strong shoulders to pick and sow the potatoes and neeps, and the pay frugal 10p a day.  You didn't know were you might be sleeping and would soon be moving on, looking for more work.  Life was hard and those who led the life built strong relationships.  The play explores many of the relationships but it is the story of Totty which draws things to a climax. 

There are moments of humour, some wonderful Scottish songs, dancing all rolled into this glimpse of life that the bondagers lived.  The play is wonderful, Studio 32's production of it is superb, opening night tonight is a sell out but somehow there are still tickets available for Friday and Saturday night, so if you are in reach of East Kilbride, enjoy a good play and are looking for something to do then I suggest you get in touch with the Arts Centre sooner rather than later.

In hindsight my choice of blog name is unfortunate, because unlike all the "Marmotesses" and "Missus Nomads" that so easily roll off the tongue, I'm pretty stuck for a similar cute name for my wife that doesn't sound completely forced (The Narratoress?). Nevertheless, I challenge anyone to beat my happy announcement that another "petits récits" will be added to the Narrative family this year, probably sometime in October, and a hat tip to Jean-François Lyotard for the inspiration. For the name that is.

WHO'S THE KING! 

I solemnly swear that this will be the first and last time that I'll comment on my raging virility, at least on the blog...but hell, I sure must be one prime specimen to have gotten my wife pregnant as soon as she (unilaterally) decided to stop using the pill back in September 2005, and again in less than a month after her IUD was removed when we (both) decided to try for another child in January this year, yes?

In the meantime, there really is a family crest that says "I saved the King," for the proud Turnbull Clan were in fact known as the "Rules" until around 1300, when William of Rule saved King Robert the Bruce of Scotland from a charging bull. I dare say he merely "deflected" it rather than "turned" it, but "Deflectbull" didn't have the same ring to it somehow, so Turnbull it was. After that, the Turnbull Clan got back to it's regular business of robbing all the traffic between Scotland and England, and liked it so much that over 75% of the Clan still live in the region today.

Hence my Korean contribution to the Clan, which really needs to get around more. Seriously though, if anyone is interested in learning more than I recommend visiting the ClanTurnbull website...don't all click at once...and once my wife and I know what sex the baby is, we'll be open to suggestions for first names to go with **** Jeong Turnbull. But nothing too close in sound to our daughter Alice please, which means that Alexander is out for starters (damn).

(Update: By coincidence, after writing this post I was checking out a blog that was kind enough to link to me, and saw this diagram below explaining the confusing names for the countries in the map above. Hell, I was born there, but even I find them confusing, so I found the diagram and the accompanying article helpful, and figured that I may as well put it up on one of the rare occasions my birth-country makes an appearance on the blog)

:: :: :: :: :: :: :: :: :: :: ::

You are perhaps wondering why I am being so nice. Well of course there is another side to Border Birds, it couldn't be that perfect. There is one very weird inclusion on the page... the Greenlaw webcam! Why? Why on earth would anyone want to look at frozen images of Greenlaw High Street? I've had a look, occasionally a van passes through but much of the time the street is deserted. But perhaps I am being insensitive and forgetting those poor folks living in the remote parts of Berwickshire for whom a glimpse of this bustling metropolis must be a rare treat. Well hang on to your smocks guys, here's a screen-shot I grabbed earlier...

Mr Howitt was the Executor, and Mr Penman was his legal agent - and when a crooked Executor and crooked lawyer team up, there's not much hope for honesty ... and Mr Howitt, not content with ruining the legal & financial affairs of my late father, did the same to my mother, insisting she pass all her assets to him for reasons of wanting to keep all the money for himself.

Some have been asking to understand a little more of my case against Drew Penman & Norman Howitt, so in light of a recent story in Scotland on Sunday passed to me by a Scotsman journalist I had completely forgot about (the one where I was going to take legal action against the then Scottish Legal Services Ombudsman, Mr Garry S Watson, who was just as terrible at his job as the Law Society of Scotland are at handing complaints against crooked lawyers, here in today's article, are the reprints of the Scotsman & Scotland on Sunday reports on my case, and campaign to bring independent regulation of lawyers in Scotland.I trus tthey are of use to some readers who suffer the same problems in dealings with the legal profession.

I get so many similar stories from people all over Scotland, of how lawyers and executors have ruined the estates of their relatives, it almost looks like some kind of macabre sport played out by lawyers to increase their profits, all the while knowing the Law Society of Scotland will let them off the hook if anyone dare complain against their actions ...

The way to stop these kinds of things happening in the future, is of course, to take all regulatory & disciplinary function away from the legal profession and ensure transparent, accountable and honest complaints investigations & consideration of client complaints ... but we will have to wait and see if the SNP actually achieve this through the new Scottish Legal Complaints Commission, which itself is already encountering problems even before it begins operation sometime in late 2008 ...

Andrew Penman of Stormonth Darling Solicitors, Kelso & Norman Howitt, accountant, now with the JRW Group, Galashiels. - The Scotsman & Scotland on Sunday articles 1994 - 2001

Son threatens to walk away from inheritance

By William Chisholm The Scotsman Tuesday 18 October 1994

A 20-year old man from Jedburgh speaks of disinheriting himself after battling almost five years for a share of his father's ￡300,000 estate.

Peter Cherbi, 20, from Jedburgh, says the years since his father Gino died in January 1990, have been a living nightmare which shows no signs of ending.

He has lodged an official complaint with the Law Society of Scotland seeking an inquiry into the alleged failure of administrators to settle his late father's affairs.

In his letter to the Law Society, Mr Cherbi names the accountant Norman Howitt of John Welch & Co, the estate's executor, and the solicitor Andrew Penman of Kelso law firm P & J Stormonth Darling, legal adviser to Mr Howitt.

Mr Cherbi has received demands for council tax and inheritance tax on the estate, even though he has yet to inherit.

None beneficiaries named in his father's will who were to receive legacies ranging from ￡500 to ￡2000 have not been paid, according to Peter Cherbi. They include relatives in Italy and France and neighbours in Jedburgh.

Gino Andrew Cherbi came to Scotland from his native Tuscany as a boy in the 1920's. He became a successful businessman in the Borders with a restaurant and shop in Jedburgh. He invested shrewdly in shares and also owned race horses and greyhounds.

At the time of his death at the age of 72, he had a wide ranging portfolio of shares, unit trusts and bank accounts as well as property. He was also the proud owner of a classic 1950s Sunbeam Alpine Mark 3 motor car. In 1990 a Kelso garage valued the car at ｣4000. According to Peter Cherbi, it was sold in 1993 for ￡1,200, although he had received a higher offer.

A document drawn up in1990 showed the estate to be worth ￡257,211 exclusive of Italian assets. The family had expected administration to take two years.

Mr Cherbi last night said he was so disillusioned he was prepared to give up his inheritance.

"The process has caused me so much emotional strain and expense that I feel like walking away", said Mr Cherbi.

"I have been a victim of my late father's will rather than a beneficiary"

The case is being brought to the attention of local MP Archy Kirkwood, who is a lawyer.

"It would appear legal regulations which allowed this kind of thing to happen must be flawed and should be scrutinised nationally to stop others suffering the same fate as myself", said Cherbi.

"I would be interested to hear from others who have undergone a similar experience"

He is also contemplating court proceedings against the executry for compensation.

Mr Howitt claimed Mr Cherbi's affairs had been extremely complicated. he did not wish to respond to Mr Cherbi's allegations through a newspaper, but would deal with them if they were put to him by Mr Cherbi's solicitor.

Mr Howitt said "I am aware of some of the difficulties but I don't believe Mr Cherbi should have taken his complaint to the press".

Mr Cherbi countered "We have been trying to get facts from the executry for a year via my own solicitor. It was precisely because of the inaction of the trustees that I decided to bring my concerns into the public domain"

Mr Penman said "Some of the issues Mr Cherbi has raised with you have been dealt with. some others are new allegations and comments" Mr Cherbi should have raised his concerns through his lawyer or with the executry, he said.

"If at that point he is not satisfied with our responses, then it would be appropriate for him to take further steps", said Mr Penman. "It would be inappropriate to discuss the details. Those discussions should be a matter between Mr Cherbi and ourselves"

Inquiry call over bungling lawyer

Executry dispute - Son queries why Law Society reversed decision to prosecure lawyer

William Chisholm The Scotsman 11 October 1996

The son of a Borders businessman wants a report which investigated allegations of misconduct by a solicitor handling his father's estate to be re-opened.

Peter Cherbi has sent the report to Scottish Secretary Michael Forsyth, with a demand for further action. He wants Mr Forsyth to force the Law Society to reopen the report to allow a prosecution of the lawyer, Andrew Penman, by the Scottish Solicitors Discipline Tribunal.

The Law Society investigation concluded that Mr Penman, of the Kelso law firn of P & J Stormonth Darling, should be prosecuted by the tribunal for the "appalling" way he handled the executry of Gino Cherbi, a Jedburgh businessman whose estate was valued at ￡300,000, after his death in 1990, aged 73.

But the decision to prosecute Mr Penman has been shelved in favour of a reprimand.

Now Mr Cherbi's son, Peter claims the society's about-face cannot be justified given the findings of the investigation, including "an apparent attempt to mislead the Royal Bank of Scotland, and failure to collect estate assets".

When The Scotsman spoke to Mr Penman, he said the complaint against hiim had been thoroughly investigated by the Law Society and that was an end to the matter. In general, he could not make comments because of confidentiality.

The law Society report outlined lengthy and unexplained delays and a repeated failure by Mr Penman ro respond to correspondence. It also alleged a complete lack of proper management in the handling and progressing of the executry.

There had been a "bungled and unsuccessful attempt to put the files in order".

Peter Cherbi was to have been the main beneficiary from his late father's estate. Others named in the will were to receive legacies ranging from ￡500 to ￡2000. But Mr Cherbi has been told there are no funds left in the estate.

A document showed the estate to be worth ￡257,211 exclusive of Italian finds.

The overseas assets included an account with the Banco di Roma containing some ￡26,000 which was not collected by the executry. The Society report states that Mr Penman apparently attempted to mislead the Royal Bank on this matter.

The committee of the Law Society which first considered the report in June this year expressed grave concern at the way the executry had been handled.

Members agreed that Mr Penman's actions were so serious and reprehensible as to amount to professional misconduct and recommended prosecution by the Scottish Solicitors Discipline Tribunal.

But the decision was changed after Mr Penman submitted written representations to the society. He claimed the executry had been complex although he accepted matters could and should have been dealt with more expeditiously.

Mr Penman also apologised to the complainer (Mr Cherbi) and to the Law Society

Mr Cherbi said Mr Penman's pleadings "contradicted the society's own findings", adding that the Cherbi estate had suffered substantial financial loss.

When the Law Society committee reconsidered the matter, it was decided a reprimand and a compensation award of ￡1000 to the estate would be more appropriate.

P & J Stormonth Darling were instructed to limit their fee for work done from the date of death until October 1994 when Mr Penman ceased dealing with the file, to ￡3000 plus VAT.

Peter Cherbi told The Scotsman "I am shocked at the findings of the Law Society investigation which has uncovered many disturbing facts about the way my late father's estate was handled. I will not be allowing this matter to rest"

The Law Society advised Mr Cherbi not to instigate civil action while their investigation was in progress. He said the completion of the inquiry meant he was now in a position to sue for full recovery of the estate although the society report had been promised 15 months ago.

Mr Cherbi has also asked Mr Forsyth to instruct the Law Society to reopen the files so that prosecution can be taken before the solicitors tribunal.

Following the finding of professional misconduct he has also registered a complaint against Norman Howitt, an accountant with John J Welch & Co, Galashiels, who acted as executor of his father's estate.

In his submission to the Institute of Chartered Accountants of Scotland, Mr Cherbi alleges a lack of control by Mr Howitt over the activities of Mr Penman which resulted in financial loss to the estate.

A Law Society spokeswoman said the complaint had been dealt with and Mr Cherbi had exercised his right to refer the matter to Scotland legal services ombudsman to whom the file had now been sent.

Mr Penman said the Law Society papers with the committee's deliberations showed that a press statement from Mr Cherbi contained many untruths and half-truths. "I would consider that the press release if published as it stands would be defamatory of me" he said.

Law Society may face Euro court over 'whitewash'

Son hits out at decision on father's estate

William Chisholm The Scotsman 9 September 1997

The Law Society of Scotland has been accused of overseeing a "whitewash" after rejecting an ombudsman's request for it to reopen a case against a Borders solicitor.

The original investigation by the society into the way Andrew Penman, of Kelso law firm P & J Stormonth Darling, dealt with the ￡300,000 estate of businessman Gino Cherbi, of Jedburgh, concluded that the solicitor's "appalling" handling of the matter warranted prosecution before a tribunal.

The investigation found "an apparent attempt to mislead the Royal Bank of Scotland and failure to collect estate assets".

The society initially recommended that M Penman be prosecuted for professional misconduct. However, the punishment was reduced to a reprimand after representations on Mr Penman's behalf.

The society gave no explanation for departing from the original intention to prosecute.

Specific difficulties relating to Mr Penman's private life and working life were outlined to the Law Society's committee, according to a senior official.

However, Mr Cherbi's son, Peter, who has been involved in seven years of legal wrangling over the estate since his father's death in 1990, refused to accept the society's decision and took the case to the legal services ombudsman, Garry Watson.

In a report which criticises the society's handling of Mr Cherbi's complaint, Mr Watson writes; "The ombudsman does not accept that the solicitor's livelihood was a factor which should have influenced the Law Society's procedures. In his view, that is a factor for the Law Society in it's capacity as a professional body representing its members, but not a factor in relation to its statutory duty to investigate complaints".

Mr Watson concludes; "it is most important that there is transparency of decision making within committees and that reporters and committees provide their reasons for arriving at decisions.

"It is unclear why the committee changed its view with regard to prosecution after having heard personal representations from the solicitor's council member.

It is recommended that the complainer and the ombudsman are advised of these reasons"

The ombudsman also asks the Law Society to reopen the case against Mr Penman so that the question of loss to Mr Cherbi could be fully addressed. Mr Watson goes on to express concern about the serious delays by the society in finalising its report into the complaint.

Philip Yelland, the Law Society's deputy secretary, has now told Mr Watson that the detail of the representations made to the committee will have to remain confidential.

His statement to the ombudsman adds; "But I can assure both you and the complainer that the representations made in relation to those matters were sufficient to persuade the committee, made up of both qualified and lawyer members, that the more appropriate disposal was by way of a reprimand"

He says reopening the case to take account of the question of loss is not competent in terms of current legislation and so the ombudsman's recommendations cannot be acted upon.

However, the Law Society has accepted the criticisms leveled at it by Mr Watson in relation to the delays and has sent Mr Cherbi a cheque for ￡250.

Mr Cherbi yesterday attacked the "shabby treatment" he has received from the Law Society and claimed that the ombudsman appeared to be powerless when the society closed ranks to protect its own. He described the ￡250 "pay-off" as an insult.

"I feel I owe it to my father's memory not to let this matter drop and have instructed my solicitor to apply for judicial review so that Mr Penman can be prosecuted" Mr Cherbi said. "If necessary this issue will be taken to the European Court".

He added; "I was extremely concerned to learn the Law Society received more than 1000 complaints each year about the conduct of solicitors. I sincerely hope other dissatisfied clients get better treatment if they find it necessary to approach the society because I find myself the victim of a whitewash".

Mr Cherbi claimed the inadequacies in the arrangements for investigating complaints against solicitors had led to additional expense. There was a legacy of debts and outstanding inheritance tax thanks to the delays in winding up Gino Cherbi's affairs, he said.

Mr Yelland said yesterday ; " In terms of the ombudsman's act as it now stands we have a duty to respond to his recommendations. We have fulfilled that duty. If Mr Cherbi wishes to pursue matters by way of judicial review then that is entirely up to him.

A separate complaint by Mr Cherbi against Norman Howitt, an accountant with John J Welch & Co, Galashiels, who acted as executor of his father's estate, is the subject of an inquiry by the Institute of Chartered Accountants of Scotland.

Plea to Dewar for inquiry on Law Society role in wrangle.

William Chisholm The Scotsman 2 December 1997

A MAN who lost much of his inheritance because of a solicitor's incompetence is to challenge a decision not to allow him access to key documents drawn up by the Law Society of Scotland in the course of an eight year legal wrangle.

Peter Cherbi, from Jedburgh, has asked the Scottish Secretary, Donald Dewar, for an independent investigation into the circumstances surrounding the handling of the ￡300,000 estate of his late father, Gino Cherbi, a Borders businessman.

The demand for an inquiry into the role of the law society and the Scottish legal services ombudsman, Garry Watson, was made yesterday after Mr Cherbi heard that Mr Watson was closing the file on the case.

Mr Cherbi alleges that the society conspired to prevent prosecution of the solicitor who dealt with his father's affairs.

Mr Cherbi also plans to raise a court action against the society to force its officials to release crucial reports int he case.

Written submissions lodged on behalf of a lawyer, Andrew Penman, persuaded the society's complaints committee to abandon plans to refer his "appalling" handling of the executry to the Scottish Solicitors Discipline Tribunal.

Instead, the committee decided that a reprimand and a compensation award of ￡1000 to the estate would be a more appropriate penalty, despite grave concerns about Mr Penman's professional misconduct.

After the decision, Mr Cherbi took his complaining to Mr Watson, who carried out a separate inquiry into the society's handling of the case.

The ombudsman concluded "It is most important that there is transparency of decision making within committees and that reporters and committees provide their reasons for arriving at decisions".

Mr Watson said the complainer and the ombudsman should be afvised why the complaints committee had changed its mind on prosecuting Mr Penman.

His report also disclosed that a society memorandum contained concerned that a solicitor who represented Mr Penman before the committee had made reference to Peter Cherbi's character and that such references had been considered "unfair".

But now Mr Watson has told Mr Cherbi he has received the written representations made on Mr Penman's behalf on the basis that they remain confidential to the ombudsman's office.

Mr Watson adds "However, I can assure you that these representations solely relate to the solicitor himself; they do not contain any comments with regard to yourself."

Mr Cherbi said yesterday "The Law Society must have tremendous pulling power when they can get the legal services ombudsman to alter his stance.

"They are only interested in protecting their own members. I am not even able to see the evidence presented to the committee on Mr Penman's behalf yet he had access to all of my submissions".

In Mr Cherbi's opinion, Mr Watson was a 'puppet of the law society'. In a letter seeking Mr Dewar's intervention, Mr Cherbi states "I am the victim of a very sleazy cover-up by the law society to protect a very bad solicitor who has already been found guilty of misconduct".

He said he had no intention of giving up the fight to recover his father's estate in full.

Mr Cherbi is to seek judicial review of the law society's alleged mishandling of his complaint.

The society has sent him a cheque for ￡250 to compensate him for long delays in processing the case, a payment Mr Cherbi describes as an insult.

The Scotsman asked Mr Watson to comment after his decision to close the file in the Cherbi case.

In a written response, he said "I am not in a position to make any public comment on a matter, which, in accordance with my remit, is private between myself and complainer".

Philip Yelland, the law society's deputy secretary, said "Mr Cherbi appears to be expressing concern about the ombudsman's position and it would be inappropriate for us to say anything if he wishes to take further action.

When Mr Cherbi, senior, died aged 73 in 1990, he left stocks and shares, property, and other assets valued at more than ￡250,000.

There were also overseas assets including an account with the Banco di Roma, containing an estimated ￡26,000. which was not collected by the executry. The estate has yet to be settled.

A separate complaint by Mr Cherbi against an accountant who acted as executor of the estate is the subject of a separate inquiry by the Institute of Chartered Accountants of Scotland.

Jury still out on law in the dock

Does the Law Society act in the public's best interest over legal malpractice , asks Jenny Booth The Scotsman 2 March 1998

Like small children utterly dependent on their parents, most of us trust our legal advisers implicitly to protect us from life's little Dickensians - financial ruin, for example - at some of the most important stages in our existence.

We do not expect, having purchased our dream home, to find that planning permission has been granted for a new motorway to run through the garden.

And we would be more than a little upset to discover that a trust find set up to look after our elderly and ailing parents had actually furnished our solicitor's holiday apartment in Spain.

So, who do you turn to when you believe your solicitor has made a mess of your affairs ?

This may be hard to stomach, but at the moment, the first thing to do is to contact another lawyer, or, to be more precise, the Law Society of Scotland, which acts both as the professional body for lawyers and as the first port of call for members of the public with complaints about their lawyers.

Self regulation has been in place at the society for years, and while few would claim it is perfect, the Law Society says it is working well. It believes that lawyers have enough pride in their profession to want to clamp down hard on colleagues who break the rules.

But there are those who do not agree.

A recently formed Scottish organisation called Injured By The Law claims that when it comes to a clash between a member of the public and one of its own members, the Law Society is failing to deliver justice

Peter Paton, the chairman of the pressure group says ; "There are many cases of professional misconduct by solicitors that have been inadequately dealt with by the Law Society of Scotland.The system isn't working. It has inbuilt bias towards their own members. The legal profession has proved beyond a doubt that the Law Society, a self regulatory body, can't regulate its own members. There is no clear redress for victims of incompetent solicitors"

Paton says over 1000 complaints were registered by the society in 1997. "It is clear that they don't have the will to discipline their own members, and when they do, the disciplinary procedure is dismal. Because of this, we feel that this function should be replaced by an independent law commission"

Among the members of the group, one of the newest and angriest is Peter Cherbi, a man who lost his inheritance because the winding up of the estate of his late father, Gino Cherbi, was bungled by his solicitor, Andrew Penman, of P & J Stormonth Darling in Kelso.

When Cherbi senior died in 1990, he left stocks and shares, property, a car and other assets including an account in the Banco di Roma, worth nearly ￡300,000.

The Borders businessman's will included a few legacies to friends and relatives, and after liabilities were met, the residue of the estate was to go to his son, Peter.

But by the time Penman had finished handling the estate, Cherbi was told there was nothing left to inherit.

The preliminary report by the Law Society complaints committee accused Penman of "appalling" mismanagement and recommended Penman should be reported to the Scottish Solicitors Discipline Tribunal. which has the power to strike solicitors off.

But the complaints committee changed its mind after reading confidential representations from Penman. and hearing in private from Penman's solicitor.

The solicitor's identity was routinely kept confidential. but was later revealed to be a Law Society council member, James Ness, of the firm of solicitors, Austins, in Dalbeattie.

Cherbi says he was later told that at the committee hearing, Ness had questioned his character, and said Penman did not deserve to lose his career over such a man

Eventually the committee decided instead merely to reprimand Penman, and it awarded the estate what Cherbi thought was a derisory ￡1000 compensation.

This is the statutory top limit that the Law Society can award for the anxiety and distress caused by an incompetent solicitor. If a complainer wants compensation for his loss, he must sue for negligence through the courts.

Cherbi complained to the independent Scottish legal services ombudsman, Garry Watson, who investigated the handling of the case. Watson reported that it was unfair that Ness had been able to make a personal plea to the committee while Cherbi was not invited to be present. This practice has now been reformed by the law Society at the ombudsman's request, and neither side in a dispute can now make final representations in person.

Watson wrote : "it is most important that there is transparency of decision making within committees and that reporters and committees provide reasons for arriving at decisions".

His report recommended that the Law Society reopen the case, but the Law Society declined.

Cherbi wrote to the Scottish Secretary asking for an independent investigation but was advised to take legal moves to have his case reconsidered. He is preparing to apply for the Law Society's decision to be judicially reviewed. "I'm not going to let the matter rest" says Cherbi. "I feel the Law Society has presided over a whitewash. I have struggled to seek answers on my case, but have got nowhere"

While I have mostly been treated with courtesy, which I have reflected in my dealings with the Society,, I have been aware of an undercurrent of inappropriate remarks at senior level against me, as well as a tendency to keep information secret that would otherwise contradict previous Society rulings." "I have been approached by many others who have suffered similar injustices with the Law Society"

But while there is undoubtedly still a phalanx of people like Cherbi, who seem to have very good reason to feel aggrieved, there is some evidence that the problems of the early and mid-ninety's may be becoming a thing of the past.

In general policy as well as individual cases, the legal services ombudsman has been very critical of the Law Society's procedures for some years.

When Watson took over as ombudsman, his first report for 1994, refers to "unjustifiable delay at each stage of the Law Society investigation". In his 1995 report he said there were a number of "rogue investigations" which were " a discredit to the Society".

But some of the most glaring problems had been cleared up by 1996 ; "I am pleased to report that gross delay and rogue investigations with confusion and lack of control have been largely eliminated. Delays and errors continue to arise ... but they are of a different and manageable order of magnitude.

Law Society accused of closing ranks as claim fails

William Chisholm The Scotsman 5 June Friday 1998

An unprecedented attempt to force the Law Society of Scotland to prosecute a solicitor for professional misconduct will continue, even though an application for legal aid has been rejected.

Peter Cherbi from Jedburgh, claims that his late father's ￡300,000 estate has been ruined and rendered worthless because of the way a Borders lawyer, Andrew Penman, handled the affairs of Gino Cherbi who died in 1990.

A Law Society investigation found that the solicitor, a partner in the law form P & J Stormonth Darling, should be prosecuted before a disciplinary tribunal because of the serious nature of the case.

But the decision was later overturned in favour of a reprimand after representations were made on Mr Penman's behalf.

Mr Cherbi, who is calling for " more than a slap on the wrist" then took the case to Garry Watson, the legal services ombudsman

He critisised the society's handling of the complaint and said it was unclear why its committee had changed its view about prosecution. Mr Watson asked for the case to be re-opened so that the question of loss to Mr Cherbi could be fully addressed.

But the society decided that course of action was not competent in terms of the law, which emant the ombudsman's recommendation could not be acted upon.

Instead, Mr Cherbi received a cheque for ￡250 to compensate him for delays in processing the inquiry.

Mr Cherbi revealed yesterday that Henry Mcleish, the Scottish Home Affairs Minister, had twice advised him to seek independent legal advice about any further action he might wish to take.

"The advice I received was to apply for a judicial review, challenging the Law Society's refusal to prosecute Mr Penman", said Mr Cherbi" "Its been impossible to get justice via the society which simply closed ranks to defend its own. Now the Scottish Legal Aid Board seems to be holding justice to ransom, by refusing my legitimate application for legal aid"

The board told Mr Cherbi that his request had been turned down becuase it was not satisfied the application showed he had a probably cause of action.

He believes the board's decision may have been influenced by a letter from Douglas Mill, the secretary of the society. Although no formal objection to Mr Cherbi's application was taken, Mr Mill felt it proper to draw certain issues to the attention of SLAB.

Mr Mill wrote "Mr Cherbi is clearly a person with an interest to complain and was entitled to make his complaint. It is for the Law Society in terms of the relevant legislation, to determine firstly whether the complaint can be upheld and then determine the appropriate penalty. The complainer does not have a part to play in determining penalty"

Mr Cherbi claims the society is keen to head off any judicial interference in its procedures. If his case were to succeed, it would set a precedent in Scots law. He would also be seeking costs.

In a statement to the legal aid board, Mr Cherbi said the interference of Mr Penman's representative at a complaints committee hearing was unfair.

He had not been given access to the evidence and was not allowed to appeal before the committee "commuted the solicitors sentence"

Mr Cherbi's action has the backing of Injured By The law, an organisation which seeks to help individuals who believe they have been denied legal justice. Ray Keddie, it's director said "I am extremely concerned by the actions and conduct of the Scottish Legal Aid Board in denying civil legal aid to Peter Cherbi"

He also criticised the Scottish Office for its "ambiguous advice" in recommending action that required people to apply for legal aid. He claimed it was then rejected on concocted grounds to maintain the status quo of the society and protect positions within the profession.

Injured By The Law was also calling into question the conduct and motives of Mr Mill in his letter to the legal aid board and SLAB's acceptance of the contents. Mr Keddie said ;" The contents are highly unusual and irregular to procedure"

But Fiona Shaw, SLAB's spokeswoman said it was the statutory right of any opponent in a civil case to object to an application for legal aid. She added "We have treated the society's letter in the same way as any other correspondence we receive."

She confirmed that Mr Cherbi's solicitor had asked the board to review the application for legal aid,, and that review was now under way.

In a statement, the society said Mr Mill's letter to SLAB was not irregular in its terms, nor was it an attempt to stall the course of justice.

"Mr Cherbi is entitled to seek judicial review if he wishes to do so. If he does, the society will defend it" . There was no question of the process of judicial review being a dangerous precedent. It was an ordinary legal process and the society had been involved in judicial review proceedings before.

"Any suggestion that in some way the society is interfering with the process of justice is wholly unfounded", the statement concluded.

Independent watchdog for lawyers proposed

Law Society of Scotland's internal system flawed, says Scottish Consumer Council

Camillo Fracassini - Consumer Affairs Correspondent The Scotsman 8 January 1999

Complaints against solicitors in Scotland should be investigated by an independent watchdog because self regulation is not working, the Scottish Consumer Council will say today.

The recommendation is part of a highly critical SCC report into the way complaints about solicitors are handled by the lawyers professional body, the Law Society of Scotland.

According to a survey made as part of the study, 40% of those who had used the Law Society of Scotland's complaint's procedure thought their complaint had not been handled fairly.

The Law Society, the solicitors professional body, is also responsible for investigating complaints.

In the study, 415 people were interviewed by the SCC. Even looking at those whose complaints against their solicitors were upheld, shows that a third felt they had been unfairly dealt with.

The report is also highly critical of solicitors.

Of clients who complaint to their lawyers, 16% said they were completely ignored and only 2% were told they could refer the matter to the Law Society.

More than a fifth of solicitors refused to investigate complaints and 40% of people were ignored, "fobbed off", told to change lawyers, or advisd not to complain to the Law Society.

According to the survey, two fifths of complaints took between six months and two years to resolve and 17% took more than two years.

One complainant said "The whole experience was very disappointing. The Law Society was totally in favour of the lawyer. Dealing with the society was like talking to a wall"

Derdrie Hutton, the SCC Chairman, suggested "If consumers are to be confident that the procedures are entirely fair, we believe the research suggests that the way forward should be to establish an independent body to deal with complaints about solicitors in Scotland.

The SCC wants the Scottish parliament to review the Law Society's complaints procedure, with a view to establishing an independent complaints body.

Solicitors should be made to give clients a letter of engagement, setting out how long the work will take, how much it will cost, and advising how to complain if they are not happy with the service, it said.

The SCC added that all solicitors practices should also set up complaints procedures and appoint a specific solicitor to deal with complaints.

Martin Evans, the SCC director, said many people felt the system was biased in favour of solicitors : "They do not appear to trust the self regulatory process and do not trust the Law Society to look after the interests of consumers rather than its members. The lack of credibility of the current system doesn't serve consumers or the legal profession well".

Mr Evans added solicitors were not handling criticism positively : "Solicitors, as a profession, seem to feel threatened by complaints, rather than see them as something which can help them improve the service they provide."

Last night, Philip Dry, the president of the Law Society of Scotland, questioned the validity of the limited SCC survey and insisted self-regulation was still the best policy.

He said; "I continue to believe that a the society is best able to deal with client complaints which it does without cost to the public - and that any system used should be open to public scrutiny and constantly adapted and improved to meet the needs of clients of Scottish solicitors.

"The society does not agree with the recommendations made to the Scottish parliament to set up an independent complaints handling body. The recommendation is not supported by the survey results nor is the suggestion that the current system is fatally flawed".

Mr Dry said the Law Society had significantly improved its complaints procedure since the SCC first recommended the establishment of an independent complaints watchdog in 1986.

In November, it named 11 new lay members to its complaints committee in a bid to tackle the perceived bias.

Between 1994 and 1997 the number of complaints that ended successfully in mediation or conciliation increased by 79% while the number f complaints only rose by 4%.

Gary Watson, the Scottish legal services ombudsman said he remained opposed to an independent body "While I endorse a number of the recommendations made in the report but I would disagree with the prinsiple recommendation for the establishment of an independent complaints body.

"My firm view is that as long as the Law Society is committed to improving the way in which it handles complaints then that is the best way forward for members of the public"

However, Peter Cherbi is still seeking redress more than two years after the Law Society of Scotland overturned its original decision to prosecute a solicitor he claimed was guilty of professional misconduct.

Mr Cherbi, from Jedburgh believes his father's ￡300,000 estate was effectively made worthless by the lawyers handling of his affairs.

While a Law Society investigation found that the solicitor should be prosecuted before a tribunal because of the serious nature of the case, the decision was overturned in favour of a reprimand after representations on the lawyer's behalf.

Mr Cherbi, who plans to sue the Law Society said "The Law Society of Scotland's complaints procedure is completely biased. There is absolutely no right of appeal for complainants and the ombudsman has no statutory powers - he an only make recommendations which may be refused by the society.

"There must be an independent regulatory for the legal profession with absolutely no ties to solicitors"

Law watchdog faces threat of court fight.

Client prepares to sue after allegation that ombudsman compromised independence.

By Peter Laing Scotland on Sunday August 8 1999

THE government-appointed watchdog charged with overseeing the complaints process against solicitors in Scotland is himself facing legal action.

Scottish Legal Services Ombudsman Garry Watson has been accused of failing to handle properly a complaint against the Law Society of Scotland, the professional body which represents solicitors.

Peter Cherbi says he intends to sue Watson claiming the ombudsman "took instructions" from the Law Society on what information to release about his case, and, therefore, compromised his independence.

Cherbi, from Jedburgh, says Watson's handling of the case may have harmed his chances of ever recovering a £300,000 inheritance from an incompetent solicitor.

Cherbi has instructed his solicitor to begin legal proceedings against Watson, who could receive a write seeking damages within the next few weeks. It is believed to be the first time anyone has attempted to sue an ombudsman.

Complaints against solicitors are investigated by the Law Society under a controversial system of self-regulation. Anyone who is unhappy with the decision of the Law Society can then ask for an investigation by the ombudsman, who has the power to make recommendations to the society.

But the ombudsman is currently flooded with complex cases, and last month had to apologise for delays of up to a year in handling them.

Cherbi's case started in 1990 when his 73-year-old father died, leaving behind an estate valued at around £300,000.

Four years later he realised the estate, which was handled by local lawyer Andrew Penman, was almost worthless. Cherbi believes the money was lost through avoidable interest payments, fees and the mishandled selling of shares and investments.

Cherbi complained about Penman to the Law Society, who originally planned to prosecute him at a Scottish Solicitors Discipline Tribunal.

But after written submissions regarding Penman were received, they decided instead on a reprimand and ordered him to pay £1000 compensation to Cherbi's estate. Angry at the Law Society's decision, Cherbi complained to the ombudsman in May 1997.

Watson investigated and concluded : "It is most important that there is transparency of decision-making within committees." Watson added he and Cherbi should be told why the Law Society decided not to prosecute Penman.

But un June 1997, Watson informed Cherbi that the Law Society had sent him the written submissions relating to Penman on the basis they remained confidential, and that the case was closed.

For the past two years, Watson and Cherbi have exchanged increasingly acrimonious letters on the subject.

Cherbi said : "In my opinion, by accepting the submissions about Penman on the basis that he would not divulge their contents, he has effectively been told what to do by the Law Society.

"As ombudsman he should be telling the Law Society what to do. I believe he has compromised the independence of his office.

"In my opinion, by not handling my case correctly, and refusing to pass on important information, he has made it more difficult to recover any of the inheritance I lost. For that reason, I have instructed my solicitor to begin proceedings for compensation"

Watson has refused to comment on the case. But in a letter he sent to Cherbi in February last year, he explained why the representations regarding Penman were not passed on.

He wrote "I ascertained that they [the representations] related entirely to the personal circumstances of the solicitor and had nothing to do with yourself. I can certainly see no reason why there should be a need for me to pass on information when it did not relate to, and was not relevant to, yourself. To suggest my actions compromise the independence of my office is patently absurd."

Watson, who was prepared to talk to Scotland on Sunday on general terms, added : "I deny any suggestion that my office is influenced by the Law Society.It is totally independent."

Watson said a new member of staff had been taken on to help bring down the time taken to deal with cases. he hopes to bring the average delay down from a year to two-four months.

The Scottish Consumer Council, in a report released earlier this year, revealed problems with the ombudsman, including that 85% of people whose complaints were not upheld by the ombudsman did not receive a satisfactory explanation.

Legal Profession in the Dock over complaints about self regulation

Peter Laing 18 February 2001 Scotland on Sunday

The power of lawyers to discipline corrupt or incompetent colleagues is to be investigated by the Scottish Parliament amid crowing concern at the perceived failure of self-regulation in the legal profession.

The parliament's Justice Committee is to launch an inquiry after numerous complaints about the failure of solicitors to keep their own house in order.

Members of the public, some of whom have lost thousands of pounds as a result of legal blunders, claim the regulatory system simply allows solicitors to watch each other's backs. The result, they say is long delays in hearing complaints and paltry punishments when cases are upheld.

The Law Society of Scotland, the body which represents solicitors and investigates complaints against them, rejects the claims and will argue that it should keep its powers of self regulation.

Alisdair Morgan MSP, Chairman of the Justice Committee, said an investigation was "high up our agenda" and there was a strong possibility it would start within months.

Peter Cherbi is typical of the determined band of legal victims who feel solicitors should be stripped of their powers of self regulation. He claims a lawyer's error robbed him of a £300,000 inheritance. Ten Years on, he has been offered £15,000 compensation, but faces legal costs of at least £22,000.

Cherbi, from Jedburgh expected to inherit his father's estate when he died. aged 73, in 1990. Four years later, he realised the estate, which had been handled by local lawyer Andrew Penman, was worthless. Cherbi believes the money was lost through avoidable interest payments, fees and mishandled selling of shares & investments.

He complained to the Law Society, which originally planned to prosecute Penman. After written submissions, it decided on a reprimand and ordered him to pay compensation worth £1000.

Cherbi then complained about the Law Society to its watchdog, the Scottish Legal Services Ombudsman. But that has ended in acrimony and a possible legal action against the ombudsman.

A separate action for compensation against Penman resulted in an offer of £15,000 from his solicitors. Cherbi said "That is no use because I have legal costs for fighting my case of £22,000 and the estate is £43,000 in debt..

I am delighted that self-regulation is finally to be looked at. It's a liars' charter written by liars for liars. They sit on each other's committees and they are obsessed with protecting each other. "There has to be independent regulation with public participation. The victim must be able to get a fair hearing"