'Independent' Lawyers
A client from Glasgow has been in touch to ask if she can complain about the 'independent' lawyer who countersigned her Compromise Agreement - back in December 2005.
The answer is, potentially: YES.
Why? Because these 'independent' lawyers were actually selected and paid for by Glasgow City Council (i.e. they were handpicked by the employer) - although at the time the council claimed their function was to give advice to the council's employees.
But according to many Glasgow City Council employees - these 'independent' lawyers offered little, if any, practical advice and - crucially - they could not even explain how the council's offers of settlement were calculated.
The essential point is that all lawyers - even 'independent' ones - owe their clients a duty of care and if that duty is not properly observed - then the client can complain to the Law Society of Scotland, which is the regulatory body for the legal profession in Scotland.
In this case, the obvious yet unanswered question is: "Who was the client in Glasgow - the employer or the employee?"
And the answer has big implications for everyone involved - not least because the 'independent' lawyers were paid handsomely for their professional advice and services - see post dated 22 September 2008.
If you feel let down by the advice - or lack of advice - received from your 'independent' lawyer, then contact Mark Irvine about what to do next.
The name of the lawyer will be on your copy of the council Compromise Agreement - so look that document out and keep it safe for future reference.
Lots of other councils went down the Compromise Agreement route - by inviting 'independent' lawyers in to give their employees advice at local acceptance meetings - so there are lots of people who can potentially complain - including employees in the following councils:
Glasgow, Edinburgh, North Lanarkshire, Fife - and many more besides.
Mark Irvine can be contacted at: markirvine@compuserve.com - or via the Action 4 Equality Scotland phone number: 0845 300 3 800
The answer is, potentially: YES.
Why? Because these 'independent' lawyers were actually selected and paid for by Glasgow City Council (i.e. they were handpicked by the employer) - although at the time the council claimed their function was to give advice to the council's employees.
But according to many Glasgow City Council employees - these 'independent' lawyers offered little, if any, practical advice and - crucially - they could not even explain how the council's offers of settlement were calculated.
The essential point is that all lawyers - even 'independent' ones - owe their clients a duty of care and if that duty is not properly observed - then the client can complain to the Law Society of Scotland, which is the regulatory body for the legal profession in Scotland.
In this case, the obvious yet unanswered question is: "Who was the client in Glasgow - the employer or the employee?"
And the answer has big implications for everyone involved - not least because the 'independent' lawyers were paid handsomely for their professional advice and services - see post dated 22 September 2008.
If you feel let down by the advice - or lack of advice - received from your 'independent' lawyer, then contact Mark Irvine about what to do next.
The name of the lawyer will be on your copy of the council Compromise Agreement - so look that document out and keep it safe for future reference.
Lots of other councils went down the Compromise Agreement route - by inviting 'independent' lawyers in to give their employees advice at local acceptance meetings - so there are lots of people who can potentially complain - including employees in the following councils:
Glasgow, Edinburgh, North Lanarkshire, Fife - and many more besides.
Mark Irvine can be contacted at: markirvine@compuserve.com - or via the Action 4 Equality Scotland phone number: 0845 300 3 800
