Tuesday, April 01, 2008

Law Society of Scotland and Fiscal accused of deliberate exclusion of witness evidence in Court of Session appeal

More From A Diary of Injustice in Scotland which reports further on the amazing events of the Michael G Robson appeal in the Court of Session against being struck off by the SSDT.
Released documents show serious problems with the prosecuting Fiscal, Paul Reid of Fleming & Reid, and an apparent deliberate attempt by the Law Society of Scotland to exclude evidence and witness testimony in the actual court case.
Taking a long time, but about three years later, I finally have the Legal Services Ombudsman's report into the Law Society of Scotland's handling of my complaint against Michael Robson - the now infamous 'tennis playing lawyer', which you can read more about here :Lawyer who took on Law Society for clients ended up as dishonest as those he challenged

Sunday Mail - Michael Robson, an untrustworthy solicitor who did nothing for his clients

Shamed Lawyer in Tennis Racket Sunday Mail 21 October 2007

The report basically shows the Law Society of Scotland handled my complaint against former lawyer Michael Robson, with the utmost prejudice against me, and that the Council of the Law Society of Scotland deliberately excluded the details of Michael Robsons conduct in the medical negligence case relating to my mum, just to deny me a fair hearing, deny me the chance to give an input into the case, and deny me any justice - just as they do with everyone else.

Legal Services Ombudsman's report on the Law Society of Scotland & Court of Session case involving Michael Robson

LSO Report on Michael Robson Page 1LSO Report on Michael Robson Page 2

LSO Report on Michael Robson Page 3LSO Report on Michael Robson Page 4

Perhaps more importantly, the Legal Services Ombudsman's report shows that the Law Society of Scotland and even Law Society Fiscal in the case, Mr David Reid of Messrs Flemming & Reid, failed to the point of deliberately seeking to deny me the chance to make a formal affidavit that I was entitled to input into the Court of Session hearings.

From the LSO report into Michael Robson

"In his response of 17 December, the Fiscal expressed his surprise. He said that he had understood that you were „very interested in the prosecution’. He suggested that enquiries should be made as to your whereabouts when you were required as a witness. However, I cannot see that any such enquiries were made. On 21 March 2005, the Law Society provided the Fiscal with your e-mail address. I can only assume that it was at that point they realised that they had a contact e-mail address for you on another file.

Here follow a couple of sample emails from the Law Society Fiscal Paul Reid to myself, showing firstly, his intention to take statements from me, then silence, after no doubt the Law Society decided I should again be denied access to justice or given a chance to speak.

Law Society Fiscal Paul Reid writes to contact me for a statement - on a hearing which was to take place the very next day early in the morning ....

From: "Fleming & Reid" <flemingreid@btconnect.com>
To: <petercherbi>
Subject: Council of the Law Society of Scotland - Michael G Robson
Date: Tue, 22 Mar 2005 12:24:16


TELEPHONE: 0141 331 1144

Our ref: PR/GP

Dear Mr Cherbi,

Council of the Law Society of Scotland

Michael G Robson

I write further to my recent correspondence in connection with the above to which I have not heard from you in response.

In the course of discussions with representatives from the Law Society I was advised that you were now communicating with them by way of e-mail. I am therefore taking the liberty of presenting this message to you by way of e-mail.

A hearing in connection with the prosecution of Michael G Robson is to take place tomorrow within the Scotsman Hotel, 20 Northbridge, Edinburgh, before the Discipline Tribunal at 10am. I had written to you previously asking that you contact me in order that I may obtain from you a statement which would then be encapsulated within the form of an Affidavit of your evidence. I have not heard from you in response. I would be grateful if you would telephone me upon receipt of this e-mail to indicate whether or not it is your intention to attend tomorrow to give evidence on behalf of the Complaint.

I look forward to hearing from you in early course.

Yours sincerely

P A Reid, LLB (Hons) Dip.LP.NP.


My reply :

From: "PC" <petercherbi>
To: "Fleming & Reid" <flemingreid@btconnect.com>
Subject: Re: Council of the Law Society of Scotland - Michael G Robson
Date: Tue, 22 Mar 2005 20:50:07

Dear Mr Reid,
Thanks for your email.
I'm sorry it seems that the Law Society haven't kept you informed of my
whereabouts or my health, but in any case, I am not currently in the Uk
and wont be able to return until sometime before June.
I certainly could not attend tomorrows hearing
However, I would like to attend the hearing, or give evidence, I cannot advance you
a statement by tomorrow - 10am
I would suggest, given the importance of my testimony, and the fact that
you were not made aware that I was not at my address to which you were
writing (which was actually 47 Bongate), you try to obtain a postponement
or adjournment of the hearing on these grounds, as I would very much like
to input into this hearing, given Mr Robson's conduct as per his
representation of my affairs.

Fiscal Paul Reid replies :

Reply-To: "Fleming & Reid" <flemingreid@btconnect.com>
From: "Fleming & Reid" <flemingreid@btconnect.com>
To: <petercherbi>
Subject: Council of the Law Societry of Scotland - Michael Robson
Date: Wed, 27 Apr 2005 13:03:2
Dear Mr Cherbi,

Council of the Law Society of Scotland

Michael G Robson

I write further to your e-mail of 12th April in connection with the above.

I have yet to be made aware as to whether Mr Robson intends to appeal the judgement. A period of 21 days following release of the written Findings is allowed for either party to mark an appeal.

I suspect the indication that an appeal will be forthcoming is based upon previous history insofar as Mr Robson is concerned.

From my own part I would consider that any appeal at his instance is bound to fail. However if an appeal is so marked then it would be my intention to counter-appeal the decision of the Tribunal in relation to your evidence.

When that is determined, at that stage it would be my intention to meet with you, if possible, and obtain from you a statement in relation to your involvement with Mr Robson and the manner in which you were let down. I trust this will not cause you a difficulty. If there is any further information which you require from me, please do not hesitate to contact me.

Yours sincerely

P A Reid, LLB (Hons) Dip.LP.NP.


A further chaser from me, a year later, asking about my statement, after silence from the Fiscal ...

From: <petercherbi>
To: "Fleming & Reid" <flemingreid@btconnect.com>
Subject: Re: Michael Robson
Date: Thu, 6 Apr 2006 18:21:56

Mr Reid
I am informed that the prosecution of Michael Robson is to be in May, but I have not heard from you as to the matter of whether I am giving a statement or not.
It seems I have also been contacted by elements of a lobby group who are volunteering to be in touch with Mr Robson, to ensure that all his rights to cross examine witnesses or cases in the prosecution, are adhered to.
It seems therefore if I am not going to testify for you, I will be testifying for someone else, which is very odd to me, because I am the complainer of course

Clearly I was still waiting on giving a statement a year after .. but the Law Society were determined to see I had no chance in having access to the court on this one ...

A catalogue of obvious delay, denial of access to justice and prejudice seems to be the course of the day in the Law Society's determination to prevent me from speaking in court against their lawyer Michael Robson.

Even worse revelations in the Legal Services Ombudsman's report show the Law Society Fiscal made an attempt to delete references to my complaint so they could be heard at a later date - supposedly, and that was unsurprisingly denied, simply because no one in the court, even Mr Robson, wanted me to be able to speak about how he treated the case of my mum's death at the Borders General Hospital.

From the Legal Services Ombudsman's report :

"On 20 February 2004, the Law Society lodged a complaint of professional misconduct with the Scottish Solicitors Discipline Tribunal (the Tribunal). That complaint included details of your allegations against Mr Robson. A hearing took place before the Tribunal on 23 March 2005. You were unable to give evidence as you were only made aware of the hearing the day before.

The Fiscal made an application to delete reference to your complaints which would allow them to be held over to a later date. That application was denied. No finding of professional misconduct was made in relation to your complaint. However, Mr Robson was found guilty of professional misconduct in relation to another matter before the Tribunal."

Quite convenient for both the Scottish Solicitors Discipline Tribunal and the Court of Session that I wasn't allowed to make any affidavit or statement about how Michael Robson had treated me as a client - and with my complaint being one of the principle complaints against Mr Robson which the Law Society had investigated, that is an incredible denial of access to justice, which the court itself became part of. Mr Robson was happy too of course, as he didn't have to answer for why he lied the whole time he said he was handling the medical negligence case involving the death of my mum.

The conclusion of the Legal Services Ombudsman's report finds the Law Society guilty of wrongdoing, so to speak, and offers a paltry 100 pounds for their actions. Quite disgusting that in our society, an ombudsman has such limited power, but this is just another good example of how crooked lawyers get away with it, time and again, with everyone, not just myself.

Legal Services Ombudsman's conclusion :

"I have considered the handling of your case by the Law Society and in my opinion they failed to take reasonable steps to keep in contact with you between February 2004 and March 2005. I am also of the view that they failed to give you adequate notice of the hearing of 23 March 2005 and you were therefore unable to give evidence. I recommend that the Law Society compensate you in the sum of £100 for the distress and inconvenience caused to you as a result"

Ultimately, the Law Society gets off the hook again, and if anything this case simply shows the present structures of prosecuting crooked lawyers and recovering damages in Scotland is a complete and utter failure.

So can I find a lawyer to represent me in a case to sue the Law Society and Mr Robson for what happened ? I doubt it, as all lawyers are members of the Law Society of Scotland and wont want to do anything to upset the powers that be.

Offers of legal representation to clear up this mess will be gratefully received ...

This is all a good example of how our glorious Scottish legal system is geared to self protecting lawyers and the legal profession against any member of the public who may have a valid claim against a solicitor. That in itself is a good enough argument to ensure that any regulation involving the legal profession must be fully independent, transparent and have no connection whatsoever with the present systems the legal profession has put in place over the years to constantly save itself from any harm.

Reform these injustices now, and bring fully independent regulation for the legal services market, which must be fully opened up to break the Law Society's monopoly on access to justice - as they have so well demonstrated against myself and so many others.

1 comment:

Anonymous said...

I know Paul Fleming.To say I am shocked at reading this is an understatement.