A Letter to the Editor of Scotland on Sunday 10 June 2012

I have been referred to in the Scotland on Sunday today. As there are a number of material inaccuracies in the article, and as there may be readers who come to this blog with the wrong impression, I reproduce below my response to it, which has been emailed to the Editor and posted as a comment on the Scotland on Sunday website.

————————————–

Dear Sir,

I refer to the article published in your newspaper today under the headline “Ten-year ban for solicitor who failed to pass on Scottish miners’ compensation”.

I wish to point out a number of inaccuracies in the article and trust that the appropriate corrections will be made to the online edition, and that a suitable correction notice will be placed in your newspaper.

First of all, the headline is incorrect. The sanction imposed, and I will refer to this again below, was not a “ban” but a restriction on working as a principal in a law firm ie a Partner. I am entitled to work as an employed solicitor with Law Society approval and under supervision by the firm for whom I work.

The reference to failing to pass on compensation implies dishonesty, and that any funds not passed on were kept by me.

It was accepted at the Tribunal by the Law Society and by the Tribunal that there was “no question of dishonesty”, and that “every penny of clients’ funds had been accounted for”.

Dealing with the specifics of the article, as referred to above, I have not been “barred from the profession”. I am permitted to work as an employed solicitor with Law Society approval and under supervision.

The fifth paragraph of the article repeats that I will not be permitted to work as a solicitor. Again, that is wrong. The statement that I will be allowed to work as a “legal assistant” implies that that is not a solicitor. As mentioned, that is not the case.

In the eleventh paragraph, reference is made to a “fine” having been imposed on the firm, contributing to the problems. That is incorrect and no such statement was made regarding a “fine”. Reference to a “fine” implies some form of wrongdoing. There was no such “fine”.

Your quote from Mrs Hunter is based on an inaccurate premise, as I am allowed to continue to practise, as referred to above. The accusation of “faking a fire alarm” is untrue.

As regards details of individual cases, client confidentiality prevents me making any specific comment.

I regret that there were cases where for the reasons explained at the hearing, clients’ affairs were not progressed as well as they should have been, and I apologise for that. However, over the time my firm operated, we had many thousands of satisfied clients, on whose behalf we had obtained justice. That does not excuse even one lapse, but I mention it for purposes of perspective.

I am posting this as a comment on your online piece, as well as emailing it to you.

I look forward to hearing from you as soon as possible.

 

Yours sincerely,

 

 

Paul McConville

 

Advertisements

116 Comments

Filed under Personal, Press, The Law Society of Scotland

116 responses to “A Letter to the Editor of Scotland on Sunday 10 June 2012

  1. mick

    this is not a celtic site its forevery 1 to experiance the future of scottish media it saves trees and cuts your carbon foot print the bloggers are here forever and in the future this is how we will get our info

  2. mick

    mind every1 its the biggest week in rangers fc history lol (karma time)

  3. You have to laugh eh! Some Chip wrapper of an Edinburgh rag decides to ‘do a job’ on someone who happens to know what they are talking about while exposing the weaknesses of the decadent gutter press and its tawdry love affair with a toxic waste dump (rfc*) in Govan and ‘hey presto’ Scotland’s Holy Willie’s come together like a Coroner’s Inquest, to sit in judgement upon the reputation of a man of which they are not fit to lace the boots of. You can often tell a lot about the effect you are having on a subject by the desperation and poison spread by those with an axe to grind against you personally as they are devoid of any cohesive counter- arguments against his comments themselves. e.g ‘I can’t refute the argument so I will attack the man instead.’ It is a strong measure of their desperation to distract attention away from what is being said towards the man who says it. They dip their little fountain-pen into pots of oily venom and squirt it into the eyes of the honest though unsuspecting readers in the vain hope that they can blind them to what they are really up to. They couldn’t do objective reporting supposing their insipid little irrelevant lives depended on it. They never tell a story because it is objectively true they tell it because it is serves a purpose and their purpose here is clear; divide and rule the readers of Paul McConville…no matter what tedious garbage you can rake up to make it happen. It says more about their own squalid little agenda than it does about anything else and more fool those who are taken in by it. Just think about it for as moment and if you do then you will have done more than the journalists of the Scottish press who write the majority of their bile straight from their lower colon.

    • Johnnybhoy

      Very well put sir!

    • ParmaHamster

      Outstanding post. The fact that the subject of RFC(Deid Club Walking) has been brought in by the knuckledragggers should come as no surprise. (Messrs Pollock and Feriens – whassamatta, FF not busy today?)

      This is the first salvo in what will be many over the coming days – no shock that a blog like this has been targetted by an Establishment rag and it won’t be one either if and when RTC is in the firing line. The timing especially should really be as little as a surprise as is the “research” that’s gone into that article. The bastions of filth that are RM and Folgensie Folgensie have done their best to take down Paul, PMGB and RTC – and have failed spectacularly. Now their elders and betters (ha!) are moving in.

      Come Thursday, Scotland as we know it on a sporting level will be changed utterly. And that hatchet job today is a sure sign that the Establishment know this as well.

      • John Pollock

        Knuckle draggers? I take it you did not read my posts? This issue has nothing to do with rangers. I think I am well within my rights to express disapointment given that I have been an avid follower of this blog and in my opinion the author has scored a bit of an own goal. You can’t spend weeks criticising the legal practices of other when you are far from innocent yourself

      • John Pollock – I was well aware of the fact that PM had a case pending with the Law Society – and the nature of it – prior to following his blog. It was posted all over the net and, depending on PM’s latest analysis of their situation, every RFC forum you care to mention – nor did he try to conceal it.
        Why it should come as such a surprise/disappointment to you is curious. Are you really saying that PM now has no right to an informed opinion/legal interpretation on anything? Really? Is he to be denied a right of reply to everything – including lazy and inflammatory reporting about him?
        In an ideal world, squeaky clean is best obviously. However, he has held his hands up to his shortcomings, accepts that it caused distress to the families involved and has taken the punishment. Not to demean the distress of those families, but I was caught shoplifting when I was much younger – that doesn’t automatically propel me into the ranks of the Ronnie Biggs’ of this world……… I learned a hard lesson, brought on by my own actions, and never did it again. I’ll be happy to follow his blog – now and in the future.

  4. KG

    Paul, you made a very serious mistake where people have suffered. You have faced upto this and apologised. Everyone in these circumstamces deserves a second chance. I am sure you will have learned a lot from this and it has alowed you to grow as a person. Good to see you are helping others through voluntary work in the CIB.

    I look forward to your continued wonderful blogs – keep up the good work.

  5. NeutralAxis

    To all of the first time visitors

    We all know why you are here today.
    Here’s a thought for you.

    Whilst you’re here, stick around a bit, read some of the blog entries.
    If you do that, you’ll discover that the writer has provided a level of analysis of your situation which is never anything less than completely accurate, forensic in its degree of examination and wholly to the point.

    The truth is, that all of this analysis is actually usefull to you. If you are a Rangers supporter and truly want to establish who is behind the demise of your team and want to work out the implications behind the plans of those who would take over, you’ll find proper analysis here.

    Go and read that, then come back once you’ve properly reflected on it. You’ll find that it is others who are the enemy, not Paul McConville.
    Your enemies are much closer to home, not those who would provide you with the information which actually allows you to hold those to blame to account.

    Lastly, gratuitous insertion of the letter H into what you assume to be derogatory terms really does undermine your whole argument and belittles any point which you might make.

    Paul
    I think it’s fair to say that today’s article is really just the drawing to a conclusion a sequence of events which I am sure have given you no pleasure whatsoever.
    The whole situation has, effectively, been in the public domain for some time, so nothing wrong with concluding it in a similar manner.
    You have, I think wisely, not hidden away throughout this.
    You have admitted to what happened. It’s a shame that the newspaper article had to be so skewed.

    Your candour and humility is apparent for all to see and for this observer is always apreciated as the sign of a fundamentally decent human being.

    I trust that you will continue your work here. It is an education to us all.
    Even those of use who blame the messenger rather than the guilty parties.

    • Juancito

      Bravo. Beautifully put sir. I can only hope that the newspaper will try to repair its tarnished image and regain some respect by publishing an apology to Paul for its gross misrepresentation and unprofessional “journalism”.

      Don’t be discouraged Paul. Keep those magnificent and eloquent blogs coming. Only a brainless bigot could find them anything less than objective.

    • Richboy

      Excellent post, very well said.

  6. Glazert Tim

    Jeezo! Has the entire population of Follow Follow invaded this blog?

    Let’s face facts. YES PM has been given a skelp by the Law Society and it has been expected for some time. He’s never denied it and it has been well covered in the MSM for ages. The point is, there have been misrepresented statements published in the SOS and they will be acknowledged (albeit on page 47 next to the Good home for three legged budgie classified).

    He hasn’t pontificated as was suggested, he has merely brought valid points to table and the discussion (very good discussion at that) has ensued within the blogisphere.

    It’s not a conspiracy against him and we are not conspiring against the followers of Voldemort either. The MSM can smell s@it at forty paces and possibly PM has not quite wiped himself enough to avoid their interest (I’m sure he would admit that). HOWEVER, Scottish Water could not cope with the amount of S@it ( in the form of dishonesty, fraud, bigotry, MSM complicity etc etc) coming from Govanville, if they drained Loch Lomond and turned it into a sewage works.

    So if the Law Society “did find that when he wiped, a little was left behind” that is bad and trully is terrible for those concerned. However, please don’t bring Rangers or conspiracy into this particular post. It only detracts from the otherwise excellent clarity, quality and insight of the blog in general.

    Now in direct contradiction to what I have pontificated above. The end is nigh for the Bears, and when it comes to discredited lawyers, RFCIA have an absolute ‘dullion’ themselves in the form of ex-lawyer, pawn star, pipesmoking shyster man. Even if Paul had been given six of the best, I’m sure he doesn’t have a mains powered vibrator on his windowsill. Was it just me that noticed that in the background on the BBC documentary?

    To many hours of passively watching Sex In The City. HONEST !!!!!!!

  7. Sir Reginald Loudpants

    Will you threaten them with legal action?

  8. DiscoDavey

    Oh the irony and hypocrisy from all probably Celtic fans because Mr McConville happens to make comments on matters of Rangers administration which favour their own bigoted and one sided views.

    I would like to have heard anyone of these supporters of Mr McConville stand up and support him if he had pumped your family as he has pumped many other familiies of their hard earned money.

    What I and many other Rangers fans cannot grasp is how Mr McConville and others of similar character can sit and give scathing comments against Craig Whyte (total shyster anyways) and Rangers while he himself has been bankrupt and struck off by his professional peers and collegues.

    • Sir Reginald Loudpants

      umm…because those “scathing comments” are very accurate?

      cause you know, if they weren’t rangers wouldn’t be in administration, they wouldn’t have a transfer ban, they wouldn’t be needing green and whoever bailing the out, they wouldn’t be…etc…etc…etc…

      haven’t you thought to yourself (if you can think) that if it wasn’t for RTC and paul, whyte could well still be in charge due to the complete lack of interest from the likes of jabba in the story?

    • hoopsmon

      Are you a comedian by any chance? Either that or you can’t read. I suspect it may be the latter of the two. There is a Disco somewhere that’s missing an idio Dave. Co-ordinates for which are Tax Free. Troll on.

    • NeutralAxis

      I believe that your comment above regarding being struck off may be rather ill advised.

      The man is a Solicitor, who has very publically refuted any suggestion that he has indeed been “struck off.”
      If I may quote directly from Mr McConville’s own repsonse, which I am sure you will have fully read, “the sanction imposed was not a “ban” but a restriction on working as a principal in a law firm ie a Partner”,
      you will of course recognise the fundamental difference that and being as you put it, “struck off”.
      So, the Law Society have deemed the man to be fit to practice as a Solicitor, but under the control or governance of a senior within a practice. This makes perfect sense given the issues at hand, none of which have been hidden at any point. As others have said, this is all in the public domain.

      That being the case,do you not find it rather implausible that a clearly very capable legal mind would choose to use any other than extremely accurate language when responding to this article ?

      As I said above, there is much for the Rangers Support to take from the articles posted on this blog.
      It’s all free knowledge and your ire would perhaps be better directed at those who have genuinely wronged you rather than those who are detailing the exact manner in which they have wronged you and who are providing learned analysis as to how you might best defend yourself against similar failings in the future.

      You don’t have to publicly like what is said in this and similar blogs, but you would be ill advised not to take due cognisance of what you might learn from them, even if you might choose to do so tacitly.
      If your club is to have a succesful future, learning from the past must surely be an integral part of that process.

  9. Bobby John

    You’re a crook pure and simple and you should get the jail for what you’ve done. All these bigoted fans of rashellic that come on to defend you make me puke. Hypocritical scumbags.

  10. Glazert Tim

    OMG! Keep an eye out in the newspapers, there are going to be a few positions vacant for village idiots.

    PM has been punished. FACT
    All of this has been in the public domain for some time. FACT
    He isn’t disagreeing with any of the OFFICIAL findings. FACT
    He is questioning how this being reported by ONE PAPER. FACT.

    Even if he was found guilty of interfering with baboons at Blairdrummond Safari Park, dressed as Coco the Clown whilst hammering carpet tacks into his buttocks with a copy of the Satanic Verses is fairly irrelevant.

    The main point is, he isn’t saying he is BETTER than anyone, he is providing social comment on a situation that impacts on Scottish society.

    Such low intellect being demonstrated by paratrooping posters on here is astounding.

    This blog and the RTC blog is actually HELPING out honest Rangers Fans as well as advising other fans. Yes it has an obvious Celtic slant but avid and loyal readers know that regular respected posters (Auldheid,Jambo, TBK et al) rise above this parochialism.

    Paul needed a ball kicking and he duly received a boot to the sphericos by those in power to do so.

    Paul. Can I suggest a quick IQ test before being allowed to post. Setting it somewhere between lettuce and amoeba should filter out most of these ‘sac-ballons’.

  11. Angus

    Unfortunate that SoS reported on this case in the way it did, given what PM states in his reply. Still, the fact remains that a level of guilt was shown, accepted and punished.

    This does not, however, change the fact that this blog is a throughly good read, and contains much of interest. Anyone who likes to poke into the workings of the legal system will find something here to make things a little clearer. Whether the author is “a bit dodgy” or not (and I am not qualified to judge), that remains.

  12. Richboy

    When I first started taking an interest in Rangers dilemna I was astonished at the lack of decent reporting in the MSM and the lack of perception in their comments sections. I then tried to read a few football blogs but all I got was bile and sectarian hatred. Unfortunately for Rangers fans, I found their blogs (Rangers Media the worst)to be the most hateful and less informed. I never want to see WATP at the end of another idiotic post denying any wrong doing on behalf of the club.

    It frustrated me that so many people who profess to love their club would blindly listen to the inane mutterings of the MSM “journalists”.

    Then I found this site and everything changed. Having done a little research I was fully aware of Pauls shortcomings and kept this in mind when reading his posts. That aside I now know that I am more informed about Rangers situation than probably ninety nine percent of Rangers fans.

    The saddest part of this post is that it has attracted some of the idiots and bigots that inhabit the aforementioned blogs. Hopefully they will spit their bile and leave quietly never to return.

    Keep up the good work Paul, it is very much appreciated.

  13. Glazert Tim

    Aside from the barrage of would be sh@t stirrers who have sought to sully this fine blog, the most shocking thing for me is the amount of Rangers fans that actually buy Scotland on Sunday.

    Did the John Menzies van break down before it got to Larkhall today?

    Was there a commemorative full colour poster of Sandy Jardine fitting a blue carpet in his downstairs cludgie in tribute to Her Majesty or something? No wait a minute, fitting a carpet needs tacks and Sandy et al don’t believe in tacks.

  14. Antonious F

    I ONCE got sent off in a football match after a moment of mis-judgement that I truely regret. That does not disqualify me from being a coach/manager and passing on the 99.95% important, positive things I have learned from sport.
    PMcC has apologised and shown remorse, taken his medicine and moved on. RFC (ia*) should do the same.

    • Good point. I was thinking of a similar comparison myself, remembering Tommy Gemmell playing for Scotland and getting himself stupidly sent off in a crucial World Cup qualifying match against West Germany in 1969.
      Jock Stein was so angry with Big Tam’s behaviour that he unilaterally suspended him from playing for Celtic and Gemmell missed out on a League Cup final appearance as a result. Stein effectively said that Gemmell’s actions were tantamount to professional misconduct because he’d let tarnished the reputation of his own self, his country and his club.
      As such he was given an appropriate level of punishment from which he was expected to learn a lesson before he resumed working at the highest level.
      It’s a valid comparison. Paul McConville is paying the price for a low point of his career. He has never denied that he failed to reach the required standard at the time in question when he was struggling to cope, not least because of health issues from which he was suffering. He has nevertheless taken full responsibility for his failings and accepted the consequences like a man. Furthermore, he has sincerely apologised to those whom he failed to serve properly. Finally, the Tribunal emphasised that there was “no question of dishonesty.”
      Paul has not lost his ability to analyse legal issues nor is there any justification for questioning his right to do so.
      Just as Tommy Gemmell retained his ability to score goals in European Cup Finals and win domestic trophies after he had paid for his lapse in Hamburg, so Paul McConville continues to be able to offer valuable, professional commentary on the legal issues surrounding the scandal of a former football club which once infested the Scottish game.

  15. k

    Hello Paul hope you are well. Curiouser and curiouser, how deep does this rabbit hole actually go?

  16. John Pollock

    Hoopsmon..no I had not heard of this before, nor am I saying PM’s actions are on a par with the people he scrutinises and that he should be shunned. Maybe its because I did not know my response was as such but that said I think my point still stands. As for the thick bears out there who seem to think that this somehow vidicates them or their club’s actions is laughable. And guess what? I still visit this blog.

  17. So its happened ! – HMRC inform D&P that they will reject CVA.
    So presumably will block Greens attempt at Newco

    Sort of inevitable,

  18. First of all let me get this off my chest: to suggest that the reporting on this unfortunate situation has ANYTHING to do with Paul’s commentary on the current Rangers F.C. situation is both ludicrous and an abhorrent waste of comment space.
    This situation was reported, I would suggest, due to the nature and circumstance and – may I suggest – because the situation was pointed out as a matter of interest by one of the ‘affected’ parties.
    ‘Mining’ is a subject close to the hearts and minds of those in the local vicinity. By this I mean the Lanarkshire and more appropriately, former, ‘Monkland’ area(although I appreciate this situation involves a Scotland wide client base) in which I gather Paul is known.
    The story was reported back in August 2010 by another national newspaper, so to suggest that recent, may I add brilliant, analysis of the Rangers situation is again null. There is no conspiracy, none – so anyone that suggests so is grasping at straws to say the least. If not over-estimating the national press. Neither does it ‘pander’ to Rangers fans. Those who suggest that it does are exactly what is wrong with this country that we live in.
    What we have here; is an unfortunate situation that could have happened to anyone in their job. As a solicitor, you will never have a 100% satisfied client base. I extend such for any profession: doctors, teachers….
    I am sure that in his years of active practice Paul has successfully acted on behalf of many clients who will testify to his honesty, integrity and professional ability. Paul himself adds that he does not excuse a lapse in his professional dealings that has unfortunately led to his clients detriment. There is never an excuse for a lack of professional diligence however, Paul – like everyone else is also a human being and whilst it is now acknowledged that Paul did not act with any dishonesty we must put this situation down simply to one of a ’mistake’.
    The outcome may be unfortunate, but we must remain impartial and accept that mistakes can be made and whilst those at the heart of the mistake are willing to raise their hands and admit such a lapse then we too must raise our own hands and accept their apology. I am sure the families effected will take longer to forgive Paul for their financial loss however that does not give anyone else the right to use this situation as a bitter blow to discredit the man for, not only the rest of his professional work, but his commentary on the Rangers situation as I have noted many Rangers affiliated websites will. Naturally I am sure this is something Paul, and the rest of us, expected.
    There have been suggestions that Paul should not comment on the Rangers debacle as he is now not ‘whiter than white’ himself. (should that have been Whyter than Whyte?) This suggestion is absolutely ridiculous and would be a loss to us all if he were to listen (as I am sure he won’t).
    I, personally, have a conviction for driving under the influence of alcohol. This does not stop me talking about nor dealing with the situation. Indeed it has shaped my opinion on the matter further. It was a mistake that, thankfully, did not impact on anyone else.
    What I mean by the above is that there is no ‘irony’ et al in what Paul writes about. He may have made mistakes that some would view in a similar light to previous Rangers troubles but it does not mean that the man does not have an adequate working knowledge of the law and therefore the knowledge to inform and simplify the matter to those that – judging by the websites traffic, have an avid interest in the matter. Paul offers a legal interpretation, one that might not always be agreed upon; indeed only today did I read about judicial review being open to Charles Green and I thought, “ not sure I agree there Paul”. However, Paul is a solicitor – he interoperates the law and builds a case towards it. That is what solicitors do. People should be greatful that he is taking the time out to write, unpaid I suspect, on the current situation
    Finally on this matter, just because some may feel that Paul is now a bad ‘front’ for the blogs he has posted – it doesn’t bloody make them wrong does it? Forget the person, it is his words and findings that matter.
    I should probably add at this point that I do not know Paul, and should perhaps address him more formally than I have been however, this is all very insignificant. Paul does not need me to defend him. I am sure through his many years of practice in the law profession he has developed a thick enough skin to resist the flack that may have come his way.
    I am glad that Paul will be allowed to practice law – should he choose, albeit with various supervision. This goes to show that, through a professional lapse, his own life will also be effected – both professionally and I am certain; financially. Those are unfortunately the pitfalls of the job. What is unfortunate is that due to the false, misleading newspaper headlines he will probably suffer from the old adage that: one satisfied customer passes on two recommendations. One unsatisfied customer tells 10 of their experience……Bad news spreads faster than good work. Reputations are easily tarnished.
    I suppose what I am trying to say in all of this is, the man has made a mistake…owned up to it and will no doubt suffer the consequences. It is unfortunate that people have suffered financially due to the situation however, where it has been shown that Paul did not personally benefit, did not act with any dishonesty then it is ludicrous that people on here question the mans integrity.
    Garry

  19. kj

    Hi Paul I’m curious did u ever get a reply?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s