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Chaos in the courts as lawyers work to rule



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Published Date: 06 May 2008
SOME of Scotland's busiest courts will today be thrown into disarray after last-minute talks failed to resolve a dispute with lawyers over pay.
Sheriff courts in Glasgow, Aberdeen, Falkirk, Dumbarton and Kilmarnock will be hit by the work-to-rule agreed by hundreds of criminal lawyers across the country.

The rolling industrial action will see lawyers refuse to represent people arrested an
d detained by police.

The burden of processing the cases will instead fall on a handful of "duty" solicitors.

The move is likely to cause serious disruption today, when hundreds of people arrested over the bank holiday weekend are expected to be processed.

It could mean that the courts have to operate right up to midnight. If the courts are unable to deal with all the custody cases by that time, offenders will have to be released and told to return to court later in the week.

Yesterday, leaders of bar associations – which represent solicitors in cities and towns across the country – held talks with Kenny MacAskill, the justice secretary, in a bid to resolve the dispute and avert the work-to-rule.

They are angry at changes to their legal aid payments, which they say will mean a sharp drop in income for hundreds of solicitors, potentially driving many firms out of business.

The work-to-rule was initially agreed by the Glasgow Bar Association last week. However, it emerged yesterday that several other associations around the country have since pledged to join the industrial action.

Sara Matheson, president of the Glasgow Bar Association, last night told The Scotsman she was "very disappointed" a compromise was unable to be reached with the justice secretary.

"We were very hopeful about the talks but unfortunately our hopes were dashed. There wasn't any movement from the cabinet secretary," she said. "Quite a number of associations are supporting us by carrying out the same industrial action."

She said Edinburgh Bar Association shared her anger at the legal aid reforms, but had chosen not to undertake a work-to-rule, meaning the city's sheriff court will be spared the chaos.

Ms Matheson said the "rolling" work-to-rule was intended to cause disruption to the operation of the courts, "by withdrawing our goodwill".

"This is intended to highlight the work our members normally do to assist the ends of justice," said Ms Matheson, who added that lawyers were not paid for the "vital" custody service they normally provide.

The Glasgow Bar Association represents a third of the 1,400 criminal lawyers in Scotland and serves Glasgow Sheriff Court, Europe's busiest court.

The reforms were announced this month by Mr MacAskill as a way to tackle "wastage" in the system, which the government claims amounts to £4 million. Scotland's legal aid bill is about £150 million a year.

A spokesman for the Scottish Government last night said Mr MacAskill was "willing to engage constructively" with lawyers, but said there would be no more negotiation over the reforms, which will be introduced next month.



The full article contains 509 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 05 May 2008 11:46 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Legal Issues
 
1

open,

west coast 06/05/2008 07:53:54
Our group more than most know the depths our legal system has sunk due to the complete lack of justice in Scottish courts.Legal Aid is nothing less than a racket, a lawyers gravy train and our group in evidence to the Scottish Parliament have asked for the Legal Aid board, staffed by lawyers for lawyers to be investigated and scrapped.

No where in Scotland is there a massive public fund that is used in a free for all by a pecking order of law firms, NOT dependent on quality and service, but who can thieve as many properties and destroy the lives of anyone touched by a legal aid funded lawyer in Scotland's CIVIL courts that can stretch out for 10 years or more.

Who in their right mind would fund a court action for 10 or even 20 years with their own cash ?
If you end up at the receiving end of a lawyer on legal aid you can guarantee a myriad of actions on a daily or weekly basis that is used to persecute and terrorize the victim who will ultimately be made homeless and penniless.That to fund this enormous EVIL racket that many lawyers instigate sanctioned by both the Legal Aid Board and Law Society of Scotland.

Scotlands legal system operated by a tyranny reminiscent of the medieval star chambers that fell due to the complete failure of due process.Most victims not on legal aid usually left unrepresented to ensure the complete theft of ALL their worldly possessions but especially their children.

If there is ONE thing that proves Scotland still remains class ridden it is the ease with which a legal aid funded lawyer can destroy the lives of anyone they touch and something we have campaigned for many years to expose and fight against.

One case which sums up the degree to which this racket has caused enormous harm and not as suggested ONLY carried out by ONE lawyer but many was exposed in the Scotsman some time ago.

Quote
"A SOLICITOR "embellished" claims for legal aid in child welfare cases with false details of sex abuse to fraudulently obtain nearl
2

open,

west coast 06/05/2008 07:54:51
y £2 million, The Scotsman can reveal. In Scotland's biggest-ever legal aid fraud, James Muir made false claims for public money in hundreds of child protection cases over seven years. Muir, who kept a low profile in the profession but was regarded as one of the country's most dedicated and experienced specialist child welfare lawyers, committed suicide after the police began investigating."

It was located at
http://thescotsman.scotsman.com/ViewArticle.aspx?articleid=3464991
before being removed.

Can anyone imagine being at the receiving end of some of the most disgusting allegations while there lives were being destroyed and their assets frittered away?
It is a disgrace none of the organisations charged with ensuring this did not happen turned a blind eye for so long and allowed so many families to be utterly destroyed by vicious rumours that led to the widespread abuse of legal aid.

Join the growing resistance movement against corruption and tyranny.

LJPR LEGAL JUDICIAL POLITICAL REFORMERS

Masonic judges OUT Juries IN
3

open,

west coast 06/05/2008 07:55:18
Legal aid winners

DONALD Findlay, QC, has topped the list for legal aid payments to advocates, for the second year in a row, receiving £358,400 last year.

The Glasgow-based law firm Ross Harper topped the solicitors' list, also for the second year in a row, at £1.732 million - and 11 other firms of solicitors were paid more than £1 million each. Top-earning solicitor advocate was Iain Paterson of Paterson Bell Solicitors, with £219,300.

Ten advocates each earned more than £200,000 in 2006-7. They are Donald Findlay QC (£358,400), Ian Duguid QC (£321,600), Edgar Prais QC (£272,500), Mhairi Richards QC (£269,800), Paul McBride QC (£237,800), Gordon Jackson (£228,500), Derek Ogg QC (£213,300), Lorenzo Alonzi (£213,100), Ronaldo Renucci (£212,100) and Thomas Ross (£208,600).
4

open,

west coast 06/05/2008 07:55:39
Biggest legal aid fraud repaid
http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7023699.stm

£1.1m earnings in a year for top legal aid barrister
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=464275&in_page_id=1770

£500,000 lawyer tops legal aid fatcat league
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=463504&in_page_id=1770

Lawyer banned from legal aid work
http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/6338471.stm

Scotlands Legal aid bill increases to £150m
http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7022351.stm

20 lawyers convicted of defrauding Legal Aid
http://news.bbc.co.uk/1/hi/uk/3965119.stm

Solicitor facing a total of 82 charges in an alleged £325,000 legal aid fraud
http://news.bbc.co.uk/1/hi/england/2119923.stm

Solicitors' clerk convicted for his part in a massive legal aid fraud
http://news.bbc.co.uk/1/hi/england/bristol/4361019.stm

Legal aid bill 'highest in world'
http://news.bbc.co.uk/1/hi/uk_politics/7009686.stm
5

Brother Walfrid,

06/05/2008 08:30:37
Thank goodness the legal profession, who dedicate their lives to the protection of other peoples' rights, are at last taking some action to protect their own interests.

The executive are trying to drive criminal defence lawyers out of business so that they can then expand the PDSO .

If criminal lawyers delay too much in taking this action, the PDSO will have been expanded sufficiently to enable them to pick up the slack.

Now is the time to strike, and strike hard! The executive has played a very cynical game, it has tried to be cute , and the effect has been to draw in more support for industrial action...executive policy has served as a recruiting sergeant for industrial action.

If the executive do not come to their senses quickly, the action should be intensified, and the whole criminal justice system will come crashing around their ears.
6

,

06/05/2008 09:21:45
Comment Removed By Administrator
Reason:
7

Curious Yellow,

Edinburgh 06/05/2008 10:11:46
Here we go again. The usual rant about lawyers. The fact that not one of these lunatics has ever managed to prove anything speaks volumes, and still they expect the rest of us to sit up listen when they rant.

AWAY AND BILE YER HEID YA NUMPTIES!
8

open,

west coast 06/05/2008 11:16:55
#Foo
You gave them the benefit of the doubt on the last one then?

#Curious Yellow
Do they teach you how to read at Law school ?
The only lunatics are the cretins that think they can get away with and ignore absolute proof of corruption while name calling those defending the many lives destroyed by an illegal monopoly .
No supermarket could get away with how the Law Society protects its own.
9

Peter Cherbi,

Edinburgh 06/05/2008 11:29:37
This is at least the second time this work to rule has occurred, where the real victims are at the end of the day, the public and the justice system itself.

If the Bar Associations feel suitably empowered to do something about the levels of legal aid payment, I would encourage them to follow the Lord President Lord Hamilton's opinion recently voiced at the Scottish Parliament, where he said that the Judiciary should be in a position to require Government to provide adequate levels of funding for the proper functioning of the judicial system.

See here :
http://www.youtube.com/watch?v=PsK0rib5EvY

A couple of years ago, the Chief Executive of the Law Society threatened the Parliament with legal action over legislative reforms, although the idea quickly subsided. Perhaps if the Glasgow Bar Association felt that clients rights of access to justice were being affected, they could similarly take the issue to a legal tribunal and ensure as Lord Hamilton says, there is adequate funding provided by Government for the proper functioning of our justice system.

This argument should be about providing access to justice rather than penny pinching by Mr MacAskill, who is not turning out to be the most effective Justice Secretary so far ...
10

Capt Sensible,

06/05/2008 13:15:43
Have you lot not got anything better to do than attempt, and I reiterate attempt, to subvert the public's opinions against a profession. What about NHS consultants. I can assure you that they earn far in excess of Donald Findlay QC but I don't see you making any wild accusations about them. Really, you should just shut up. Everytime there is a story about a lawyer, out you come with the same old dull dull comments. Nobody cares what you have to think about it. I would hazard a guess that you do not have a very thorough understanding of the way in which the legal system is funded in Scotland nor do you have much idea what lawyers have to actually do. You have probably had your fingers burned before by a solicitor but the majority are decent, hard working people with a strong work ethic. I am sure that there are people in your profession that have acted in such a way to bring it into disrepute but the difference is lawyers have public accountability to thank for the ritual embarassment that you put them through here
11

,

06/05/2008 13:53:15
Comment Removed By Administrator
Reason:
12

Nippy sweetie,

06/05/2008 15:13:03
Re Open and his numerous links

MOST OF THEM ARE IN ENGLAND

Not applicable!
13

Tina McGreevy,

Glasgow 06/05/2008 16:56:07
The comments by "open" are actually laughable. Clearly "open" has no real idea how the courts work or the job that lawyers do. We are not going on strike. We are working to rule, to the letter of the law. The fact is that for years and years solicitors have represented people in the custody court for not a shilling, often sitting in court til very late at night. You should hear the exclamations of the family and friends of persons who find themselves in custody on a Monday when they hear that the court can (and does) sit til midnight. The public assume that the lawyers are getting paid a fortune. Well, let me assure you they are getting paid NOTHING, unlike the prosecutors, the clerks, the police, reliance ... The custody courts may be chaotic from now on but that is because lawyers have had enough of the government's abuse and have withdrawn their goodwill.

However, this is only one issue. Another very important issue that should be within the public domain is that of diversion. Under the new summary justice reforms many people accused of crime will not even be brought before the court. We heard last week of a man who was offered a fixed penalty of £200. His crime? Mast**bating in a bus shelter across the road from a primary school at 3 pm on a Friday afternoon. Is this the kind of thing that should be happening in the name of cost cutting? If you think not, please let your MSP know your concerns.

 

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