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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10655
Experience:  30 years as a practising solicitor.
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please bear with me, I am a vulnerable person under the Act. My

Resolved Question:

please bear with me, I am a vulnerable person under the Act.
My former lawyer prepared a writ against me and signed himself as the Principal, applied to the Sheriff Court for a Warrant to Cite me, which the court granted and he served the writ on me.
My former lawyer did the above whilst he was a suspended lawyer as a result of a 5 year Professional Misconduct Sanction from the Scottish Solicitor Discipline Tribunal for Deception and being a non competent lawyer.
My former lawyer served this writ on me whilst maintaining that the triennium is applicable, being the three year anniversary of his arrest when the charges were notified to him. The two pieces of regulation he refers to in the writ are:
Protection of Harassment Act 1997
Sections 8 & 9 of the Administration of Justice (Scotland) Act
It is worth pointing out that my former lawyer has given the Sheriff Court the wrong date that the charges were first notified to him by several days and that he is actually out with the triennium (3 years and several days)
I already know that the Law Society's Prosecuting Fiscal has stated that my former lawyer could not lawfully prepare and submit a writ against me into the court and lawfully obtain a Warrant to Cite me himself, as he was a suspended lawyer and required an Advocate or qualified lawyer to do so on his behalf. (I cannot remember the legislation the Law Society's Prosecuting Fiscal quoted verifying this statement and would be grateful if you could draw the relevant legislation which confirms this to my attention)
I am really looking for corroboration that my former lawyer, as a suspended lawyer, could not prepare and submit a writ against me and apply to the Sheriff Court for Warrant to Cite me with the writ on his own and whether the triennium statute of limitations applies to the two pieces of legislation mentioned above and which of the two parts would cause his writ to fall? Should the Court have ascertained that the writ was valid in terms of my former lawyer's suspension from practicing and whether the writ complied with the triennium date, given that the charges notified to him on his arrest (starting date for the triennium) were notified to him by the same court. i.e they could easily have checked their own records and would this amount to multiple offences committed by my former lawyer by making false misrepresentations to the court, passing himself off as a lawyer whilst suspended and/or contempt of court as an Officer of the Court?
Thanks, Sam
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots lawyer and will help you with this.
Your former lawyer can't hold himself out to be a lawyer and act for other people but if he is suing you personally he is allowed to do so.
Can you tell me what his court action is about so that I can tell you whether the three year triennium applies. I know you have quoted the two Acts of Parliament but can you give me a short narrative of your understanding of why he is suing you and the background? That would be helpful.
Customer: replied 2 years ago.
Yes, he was arrested and charged with embezzlement against me. He had passed me from his lawyers sole practitioner practice to his private limited company which his lawyer firm's Reporting Accountant, who was also his girlfriend, had formed as a vehicle to get around his sequestration.
He then proceeded to pass himself off as a lawyer against me, lying to the Law Society about transferring me over and lying to his Trustee in Bankruptcy, where he fraudulently botched my Employment Case and where he continued to portray that he was a bona fide lawyer dealing with my divorce. He deducted fees from an unknown amount he received from my former employer, despite me having Legal Advice and Assistance and where the SLAB compliance comfirmed that he had embezzled me.
Unbeknown to me he had already taken my free proceeds of matrimonial home sale, with a view to try to avoid his sequestration. Prior to me discovering his deceit he police already had a file on him which they had prepared due to similar acts against other clients. I only discovered this in February 2004 and he was Sequestrated in May 2001
At the time in 2001, after the police had several complaints against him from his lawyer clients who he also tried to transfer over to his private limited company, the Law Society's lawyer cut a deal with the Crown Office for them not to prosecute him and let the Law Society deal with him in-house.
I reported him to the fraud police (on the ad ice of the Crown Office) and he was arrested (this was the date the charges were made known to him) and he was asked to surrender his passport because he was a permanent resident of Tuscany.
He appealed to the High Court to get his passport back and was refused as he was a flight risk.
Then after conversing with the Law Society he attempted to board an early morning plane out of the country and was arrested on the plane and charged on solemn indictment with Absconding from justice.
Thereafter, I met with David Harvie (Head of the National Casework Division of the Crown Office) who admitted to me that my lawyer was not allowed to be prosecuted and all charges against him were dropped despite being caught red handed.
He is complaining about both arrests and has made false claims against me to the SSDT, Accountant in Bankruptcy and the Police.
Since, the Crown refused to prosecute him, the Law Society have entered into out of court settlements with him 2 or 3 times to agree not to prosecute him.
I should say that my former lawyer served the writ against me during my SSDT Case Hearing, after I had given witness testimony against him, which resulted in my incapacitation and risk of suicide, which meant that I could not continue to give evidence against him. (He knew of my ill mental health from when he was my lawyer and he used this knowledge to try to get himself off)
The Prosecuting Fiscal who was prosecuting my former lawyer for serious professional misconduct, admitted to me that he was a former colleague of my former lawyer but then lied about this fact to the Law Society's Instructing lawyer.
My former lawyer despite being a permanent resident from Tuscany, made a single appointment with my own NHS Psychiatrist, which he tried to use to get a medical assessment blaming me and this act meant that because my psychiatrist had unwittingly had us both as patients, that she had to discharge me as her patient.
I reported that my former lawyer had sent me this writ during the SSDTribunal Hearing but the Law Society, the SSDT Clerk and the Law Society's Prosecuting Fiscal (who was a former work colleague of my lawyer) all said he could do as he pleased.
As part of my SSDT case, he also petitioned the Court of Session for a Warrant to Cite witnesses. His Petition was refused because he was serving an indeterminate SSDT Sanction for Serious Professional Misconduct for deception and incompetence (this was for 5 years but since he was no longer continuing to be a lawyer and working for another lawyer's firm, there was no way he could regain his Practising Certificate)
After this refusal, he downloaded the Warrant to Cite proforma from the Scottish Courts website anyway and sent it to five victims. I have already been advised that this may be a contempt of court.
When he did not get a positive response from these five victims, he Petitioned Glasgow Sheriff Court for a Warrant to Cite them again and once more it was refused as not competent for the reasons given above.
It continued to get a lot worse from here.
The Law Society, SSDT and SLCC have colluded to let him off with these offences and as part of this cover up, he was found not guilty by the SSDT on 28th October 2014, which meant that this decision was the same as an earlier fraudulent decision from the SLCC, when they said he could do as he pleased.
He is accusing me of harassing him when this is precisely what he has been doing to me, yet the Law Society have facilitated his writ against me.
I would be grateful if you would draw to my attention the legislation which gives him authority to cite me, especially since the Law Society Regulation Committee had found him capable of being proven guilty of Serious Professional Misconduct with Agression for citing whilst a suspended lawyer.
I am very frightened and am increasingly having thoughts of taking my life.
Expert:  JGM replied 2 years ago.
In what way does he allege you've harassed him?
Customer: replied 2 years ago.
By him being arrested twice, together with his false allegations of me making silent phone calls and similar nonsense.
Expert:  JGM replied 2 years ago.
Have you entered appearance in the action?
Do you have a solicitor acting for you?
Expert:  JGM replied 2 years ago.
The triennium starts from the date of harassment or when the person knew or ought to have become aware that the person alleged was the person responsible.
Here is the law on this:
"10 Limitation.
(1)After section 18A of the M1Prescription and Limitation (Scotland) Act 1973 there is inserted the following section—
“18B Actions of harassment.
(1)This section applies to actions of harassment (within the meaning of section 8 of the Protection from Harassment Act 1997) which include a claim for damages.
(2)Subject to subsection (3) below and to section 19A of this Act, no action to which this section applies shall be brought unless it is commenced within a period of 3 years after—
(a)the date on which the alleged harassment ceased; or
(b)the date, (if later than the date mentioned in paragraph (a) above) on which the pursuer in the action became, or on which, in the opinion of the court, it would have been reasonably practicable for him in all the circumstances to have become, aware, that the defender was a person responsible for the alleged harassment or the employer or principal of such a person.
(3)In the computation of the period specified in subsection (2) above there shall be disregarded any time during which the person who is alleged to have suffered the harassment was under legal disability by reason of nonage or unsoundness of mind.”.
(2)In subsection (1) of section 19A of that Act (power of court to override time-limits), for “section 17 or section 18 and section 18A” there is substituted “ section 17, 18, 18A or 18B ”."
As far as the citation is concerned, a non lawyer should cite via the sheriff clerk or by sheriff officer. They can't sign a citation themselves unless they're an officer of the court.
Customer: replied 2 years ago.
Thanks very much for your patience and for confirming this for me.
I very much appreciate it.
Thanks,
Sam
Expert:  JGM replied 2 years ago.
You're welcome. Don't forget to rate my answer so that I'm credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10655
Experience: 30 years as a practising solicitor.
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