QC is paid £20k in banknotes. And there’s no action? Legal watchdog’s a waste of time
MSP brands SLCC ‘toothless’ after top brief Campbell avoids censure
An MSP has branded a legal watchdog a “toothless waste of time” after it emerged a leading QC will face no action over cash payments.
We told last week how John Campbell QC was paid four sums of £ 5000 in banknotes – £ 20,000 in total – during the build-up to a court case.
Campbell took the payments from client Melanie Collins at her home in Bonkle, Lanarkshire, a hotel, a restaurant and a plot of land.
Despite breaching strict rules on fees and contact with clients, Campbell will not be the subject of disciplinary action.
Melanie, 62, reported her concern over the payments to the Faculty of Advocates and the Scottish Legal Complaints Commission after the case concluded but was told her complaint was too late.
The bodies said the position would not change despite calls for an investigation.
Melanie’s MSP, Alex Neil, the SNP member for Airdrie and Shotts, said last week: “This is a good example of how the SLCC is absolutely toothless.
“The legislation is riddled with loopholes. We need a fundamental, urgent review of the powers and remit of the SLCC.
“If people feel they do not have reasonable forms of redress for what is a legitimate complaint, it brings the whole system into disrepute.
“These technicalities show the SLCC as it stands is a waste of time. It’s not up to the job and we need major change. Parliament’s justice commit tee should have an urgent and comprehensive look at this and rewrite the legislation so people have a reasonable time to register legitimate complaints.
“People need assurance that the legal profession isn’t just looking after itself all the time. People have no confidence in the system.”
Melanie and partner Donal Nolan said they paid cash after Campbell emailed them saying he needed “£5000 from you in any form”.
Faculty of Advocates guidelines state: “Counsel should not under any circumstances 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 fom the faculty.
Melanie said yesterday: “I’m disappointed but not a bit surprised that no action is being taken. “He clearly broke their rules.” The payments related to a case involving the couple and a construction f irm at the Court of Session in 2013. Judgment was made in early 2014 and Melanie and Donal registered their complaint within days.
An SLCC spokesman said last week: “We can’t disclose information directly to anyone not personally involved in a complaint.”
The Faculty of Advocates said: “We must, by law, refer any complaint to the SLCC, which then investigates and decides if further action is to be taken.
“In this case, the SLCC decided no further action should be taken.”
Campbell, 67, said he did not wish to comment.