I gave him £5k cash in an envelope. And that happened four times. Looking back it might seem odd.. but I’d never had to deal with a QC before
MSP calls for probe into complaint
A couple claim one of Scotland’s leading QCs breached strict guidelines and asked for legal fees to be paid direct to him in cash.
Melanie Collins and partner Donal Nolan said they made the unusual payment after John Campbell told them he needed “£5000 from you in any form”.
Melanie said she and a friend met Campbel l, who once represented Donald Trump’s Scottish business, in a restaurant in Dalkeith where she handed over the sum in banknotes.
She said she paid the QC – one of Scotland’s top planning law experts – three further sums of £5000 in cash at other meetings. The method of payment is a breach of strict guidelines issued by the Faculty of Advocates – the professional body all advocates and QCs belong to.
The couple’s MSP last week called for a probe into the payments.
Campbell wrote in an emai l to Melanie on October 10, 2012: “Tomorrow, I am looking forward to a serious talk with you and John but I need to col lect £ 5000 from you in any form.” The man referred to is solicitor advocate John Carruthers, who assisted in the case.
Four days later, Melanie received another email from Campbell which said: “I’m writing to confirm that we agreed at our meeting on Friday that we will meet at Dalkeith on Tuesday morning when you will give me £ 5000 towards the fees of your legal team.”
Melanie, 62, a former land developer, of Bonkle, Lanarkshire, said: “I and a friend met with Mr Campbell at a restaurant in Dalkeith where I gave him an envelope containing £5000.
“There were three other occasions when I paid him £5000 cash in envelopes.
“One was at the Dakota hotel in Lanarkshire, one was at my home in Bonkle and one was a site in Cambusnethan in Wishaw relating to the court case. Looking back it might seem odd – but I had never had any dealings with a QC before and just assumed this was the way they worked.
“I paid two further cheques, one to Mr Campbell and one to a law firm, of £5000 and £ 4000. The total was £29,000.”
The payments related to a civil case Donal initial ly planned against a construction firm in 2011. The case was heard at the Court of Session in 2013.
Melanie said: “We won the case but were awarded £ 20,000. Our total legal fees were in the hundreds of thousands.”
She reported the cash payments claims to the Scottish Legal Complaints Commission in 2014.
The SLCC said at the time: “The complaint has been considered carefully by the SLCC. It has been decided … will not be investigated as it has not been made within time limits, for the reasons set out in the attached determination.”
The couple’s MSP, Alex Neil, the SNP member for Airdrie and Shotts, said: “All these allegations have to be investigated.
“If there has been malpractice at any stage this has to be dealt with by the appropriate authorities. Donal and Melanie’s problem up until now is that they’ve not been listened to when they have made the complaints.”
The SLCC could not be contacted for comment.
The Faculty of Advocates’ guide to conduct states: “Counsel should not under any circumstances whatever discuss or negotiate fees with or receive fees directly from the lay client.”
Their disciplinary tribunal can hand out fines of up to £15,000. A member can also be suspended or expelled from the faculty.
The Faculty of Advocates refused to comment last week.
Campbell, 67, said: “I have no comment to make.”
We won the case but were awarded £20,000. Our legal fees were hundreds of thousands