... which is why we need regulation & oversight of complaints against lawyers in a fully independent 'Scottish Legal Complaints Commission' regulatory body as proposed in the Legal Profession & Legal Aid (Scotland) Bill
Some people have been asking to see the media coverage associated with my dealings with the Scottish legal profession. I have therefore added a link to my photo gallery on Flikr, where you can view & download scans of newspaper coverage of my case. Link here : Peter Cherbi on Flikr - Visit my photo album of media coverage from the Scotsman & other media .
Remember, when you read the media coverage I received, spare a thought for the many other people who have fallen victim to the legal profession who have been through the same as me, but their cases may not have gained as much publicity as mine. The campaign to bring independent regulation to the legal profession is for everyone to benefit - and for the sins of the past by the Law Society of Scotland against badly treated clients to be put right.
For today's article, I have been asked a lot about how to go about suing a lawyer in Scotland for negligence.
Well, I've been writing about that for months ... and the fact is, it is almost impossible to successfully sue a lawyer for negligence - or for that, any other offence, or failure of service.
Why is Master Policy such a failure ?
Well, you have to get a lawyer to sue a lawyer, and that has to be the most difficult thing to achieve in the entire Universe, next to attaining Fusion Power.
You have all read about my experiences in trying to sue crooked Borders lawyer Andrew Penman of Stormonth Darling Solicitors, Kelso ... and I ended up with only an offer to cover all the legal costs I had accumulated with trying to get the case against the crooked lawyer to the Court of Session in the first place.
Some of my experiences in neglience actions with Scottish lawyers can be found here : Leaked letter shows true extent of the Law Society of Scotland's Dirty Tricks Campaign against me .. where Douglas Mill & Philip Yelland of the Law Society were out to make sure my claim against crooked lawyer Andrew Penman didn't go to court.
My own submission to the Scottish Parliament on my experiences & issues relating to the Master Insurance Policy can be downloaded here Submission from Peter Cherbi to Justice 2 Committee on LPLA Bill in Acrobat pdf format from the Parliamentary website.
There are of course, plenty other examples of how difficult it is to pursue a claim of negligence against a crooked Scottish lawyer ... many of which I have covered over the months, but one of the most famous has to be that of Stewart MacKenzie and a 22 year pursuit of crooked negligent lawyers. Why so long ? Because the Law Society of Scotland interfered at every turn of the MacKenzie's case - even to the point of the Chief Executive of the Law Society - Douglas Mill, lying at the Justice 2 Committee hearings on the LPLA Bill recently at the Scottish Parliament, which you can read about here : The Corrupt Link Revealed - How the Law Society of Scotland manages client complaints & settlements
The Law Society has aninformation sheet on the Master Policy located here :
Law Society of Scotland Master Policy Information Sheet
Every single detail on the Law Society's Master Policy Information Sheet, is a lie. A complete fraud. A falsehood, a deception, complete, fakery.
Here, I will take apart the leaflet, so anyone who wants to try and sue a lawyer for neglignce, knows the score.
Information Sheet on the Master Policy For Professional Indemnity Insurance
Solicitors in Scotland have an excellent reputation and the vast majority of clients are happy with the services they provide.
[Reality] There is NO solicitor in Scotland who hasn't had client complaints made against them, many of serious issues such as fraud, overcharging for services, embezzlement, deception, faking file notes, altering evidence & much more
If you feel that your solicitor or a member of their staff may have been negligent in the way they have handled your case, then you may have a claim against them.
[Reality] You may think you have a claim against a negligent lawyer, but the aparatus you willbe up against, will all but defeat it, and ruin your life
1. DO I HAVE A CASE?
Before considering making a claim, you should ensure that you have a case. It is not enough just to be dissatisfied with the outcome of a particular transaction, court case etc. To establish that your solicitor was negligent and that you have a valid claim, the law requires you to be able to show:-
(a) that your solicitor owed you a duty of care;
(b) in what way your solicitor breached that duty of care; and
(c) the precise loss to you resulting from that breach of care.
[Reality]
(a) All solicitors owe their client a duty of care - but if you complain to the Law Society of Scotland, they will fiddle the evidence on that one to the point it is you, the client, who was at fault.
(b) It doesn't matter how many ways in which you find your solicitor breached that duty of care, the Law Society of Scotland will always make sure nothing can come of it. Usually, what issues you find will be whitewashed as part of a Complaints investigation, to stop you using such issues to make a claim
(c) You can make a full determination with as much evidence as you like as to the precise financial loss which you suffered at the hands of a crooked negligent lawyer - but it will get you nowhere. The Law Society of Scotland have been known in many Complaints investigations to state there was no financial loss - and this statement is often used by a solicitor to defeat any financial claim you will make - but the rules state YOU cannot use the terms of the Complaints report in your defence.
2. MAKING A CLAIM
Making a claim and proving negligence can be complicated and you may need to ask a solicitor for assistance. Many claims are resolved by negotiation. Where negotiations fail, you may need to raise court proceedings in which case the court will decide the outcome of your claim.
There are time limits that apply to claims for negligence. After the expiry of those time limits, you may be unable to make a claim.
[Reality]
Here we go ... "Making a claim and proving negligence can be complicated and you may need to ask a solicitor for assistance" .. have I said enough ? That means you have to get a lawyer to sue a lawyer .. you saw what happened to me when I tried that .. and the same has happened to thousands of others. No dice. No compensation, and no hope of ever getting near a court room.
Claims being resolved "by negotiation" are completely false. Usually, that negotiation takes the form of the Law Society & the Insurers of the Master Insurance Policy (Royal & Sun Alliance, & Marsh UK) finding out every single piece of information on you & your family they can come up with - and create some too just to make sure they can harrass you in the event you doggedly pursue your case to court. Be prepared at the end of the said 'negotiation' to be offered either nothing or a very small amount - but be aware the lawyers who represented you, and the lawyer you were trying to sue, get paid fat bonuses to defeat your claim. Nice one, eh ?
3. PURSUERS' PANEL
The Pursuers' Panel is a group of solicitors who have expertise in professional negligence to assist members of the public with advice about negligence claims against solicitors. More information on this Panel is available on the home page of the Society's website - http://www.lawscot.org.uk
[Reality]
The Pursuers Panel - is a group of solicitors who have experience in ruining your case and making sure your claim of negligence against a crooked lawyer never gets near a court. Be aware that all the details of your complaint against the crooked lawyer will be used against you by these people - and they actively share all your case information with the Law Society of Scotland - whom they constantly consult on each step of your case, to make sure your claim gets nowhere.
I wrote a little about the 'Pursuer's Panel' here : Advocates don't do it for free - despite Faculty claims of 'free service'
4. PROFESSIONAL INDEMNITY INSURANCE
Scottish solicitors working in private practice have Professional Indemnity Insurance cover for claims against them. This insurance means that, if you establish a valid claim for negligence against a solicitor, that claim will be paid - even if the solicitor is no longer in practice, no longer solvent or cannot be traced.
[Reality]
Rubbish ... there are hundreds of claims against solicitors who are no longer in practice still waiting to be resolved. This is simply a lie .. and any such case is usually delayed so much, it falls outwith the limits of time bar.
5. WHAT IS THE MASTER POLICY?
The Master Policy is the compulsory Professional Indemnity Insurance arrangement which covers all Scottish solicitors working in private practice. The Society arranges the Master Policy for Professional Indemnity Insurance. Claims are handled by the Master Policy insurers. The insurance provides cover of up to £1.5million for any one claim.
[Reality]
The Master Policy is the most corrupt, devious, crooked, insidious Insurance Policy for professions in Scotland today. It is stage managed to make sure that clients who make negligence claims against crooked lawyers get nowhere. Lawyers pay into the Policy as a matter of course - and if your claim is successful, lawyers annual payments go the Master Policy go up ... similar to if you have an accident with your car insurance. So, it is in the best interests of all lawyers - either the crooked lawyer you are trying to sue, or your own lawyer representing your case, to make sure your claim fails and you get nothing - so their annual payments remain low.
6. HOW DOES IT WORK?
In a summary, if you make a claim against your solicitor, your solicitor is entitled to make a claim for indemnity from the Master Policy insurers. Provided it is established that you have a valid claim, the Master Policy insurers will meet the solicitor's liability to you to meet your claim.
[Reality]
All solicitors make a claim for indemity from the Master Policy insurers. Be prepared to have any 'valid claim' invalidated.
Not every claim will involve the insurers. Whether or not the Master Policy insurers become involved you still have to establish that your solicitor was negligent.
[Reality]
Completely false. Every claim must be notified to the Master Policy Insurers .... and establishing that your solicitor was negligent still requires you to get another solicitor & more, to say they were negligent - Impossible !
Depending on the circumstances, you may find that the Master Policy insurers (or solicitors instructed by them) become involved in responding to your claim. Where that happens, you will be sent a copy of the Master Policy Claims Handling Philosophy which is a statement of how the insurers seek to resolve claims.
[Reality]
The Master Policy Claims Handling Philosophy is a charter to attack claimants and defeat all claims. The Claims Handling Philosophy allows any action to be take against a claimant the insurer deems necesary.
Further information on the Master Policy may be obtained by emailing David Cullen at the Law Society of Scotland at : davidcullen@lawscot.org.uk
Be prepared to a goof stalling from Mr Cullen .. and a good fiddling of your case to make sure your claim gets nowhere - just as thousands of other clients of crooked Scottish lawyers have found when contacting the Law Society of Scotland.
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