Thursday, January 07, 2010

Consumers will have little protection from accountants working in Scottish legal services market as ICAS promotes more closed shop self regulation

ICAS LOGO 2Institute of Chartered Accountants of Scotland gave evidence on Legal Services Bill. TUESDAY of this week saw officials from the Institute of Chartered Accountants of Scotland appearing before the Scottish Parliament’s Justice Committee to make pleas for Scottish accountants to become more involved in the expanded legal services market, promised by the Scottish Government’s Legal Services Bill, currently receiving a rocky ride from MSPs.

In response to opening questions from Justice Committee Convener Bill Aitken on how ICAS's regulated non-member model, which the notoriously closed shop accountants regulator claims could be applied to the legal profession at a cost that would be lower than that of the current proposals by the Scottish Government & Law Society of Scotland, ICAS Executive Director of Regulation & Compliance Vivienne Muir laughably claimed her institute‘s approach to regulation had worked well for the accountancy profession, but as we all know, has not worked very well for clients of accountants.

Vivienne Muir said : “ICAS operates a fairly comprehensive regulatory approach for its members. Our chartered accountant firms comprise non-members as well as chartered accountants. In order to bring those non-members into the regulatory structure, they can become regulated non-members—there are contractual arrangements under which non-members come to the regulatory fore.”

“The advantage is that when we go out to a firm we can monitor the whole firm, as opposed to looking just at our members. We are therefore bringing non-members into the regulatory framework. It is a simple way of doing things and means that we can go out and assess the firm for quality and competence. The method has worked well for the accountancy profession.”

ICAS goes to Holyrood but fails to impress on accountants legal services roles :

You can find out more about the Legal Services Bill HERE and the full written report of the 5th January 2010 meeting is here : Legal Services Bill 5th January 2010 Official Report

In reality, the Institute of Chartered Accountants of Scotland have as much a closed shop, protective, ‘crooked’ self regulatory set up as the Law Society of Scotland, and are well known to protect their own members from complaints even when accountants have carried out criminal acts. Among little known facts regarding ICAS is that senior Law Society of Scotland members sit on its governing body, something I’ve covered in an earlier article worth reading here : Fears over corrupt self regulation as accountants regulator draft in ex Law Society President and solicitor as Public Interest members

More of my previous articles on the Institute of Chartered Accountants of Scotland can be read here : Institute of Chartered Accountants of Scotland - not a trustworthy regulator or role model by any means and if you don't want your legal services to be ‘Norman Howitted’ I’d suggest you read THIS and make sure your accountant is as far away from your legal affairs as possible.

It is evident the ICAS role model for regulation, as presented to the Scottish Parliament, works no better than the Law Society of Scotland’s closed shop routine for complaints against solicitors, demonstrating yet again that only fully independent regulation will serve the interests of Scotland’s consumers when it comes to a reformed legal services marketplace.

However since the Legal Services Bill as it currently stands has no provision for fully independent regulation of legal services in Scotland (principally because the professions don't want it, and actually fear it), we as consumers cant expect much to change in terms of the public’s access to justice, instead rather this bill now appears to be more about the professions' increased access to money and the continued right to control who in Scotland has access to justice and who does not.

9 comments:

Anonymous said...

The moneymen, banks, big business, investing in law firms, accountancy firms, donations to political parties, and self regulation will ensure a network of crooks who scratch each others backs and crush members of the public at the same time.

The way this is going these people have the powers of a despot, with totallitarian protection so they can treat the public any way they want.

Dealing with any of these people is like being sent to prison with no right of appeal. convicted of a crime one is innocent of to keep a rogue professional in his job. Discrimination and oppression are alive and kicking in Scotland today.

These people are scum in powerful positions in society. They are as ruthless as Adolf Hitler.

Anonymous said...

Would the Germans be allowed to carry out a public inquiry into the oppression of Jews?

Why then do Scottish lawyers, doctors, accountants carry out investigations into the conduct of their colleagues?

Totalitarianism is as far from democracy as one can get.

Self regulation is as far from justice as one can get. There are however powerful forces on the side of these people, and this must end at all costs.

Anonymous said...

The Medical Defence Union of Glasgow is a criminal organisation. I know a GP who is there to protect all of the GP's in Scotland.

Anonymous said...

Good evening Peter,

I am looking at other websites as well as being a regular reader of your blog, and I am deeply worried by what I see as an extremist group of people who are accountable to no one.

These people do not have the power of the Nazi's in the context of Kristalnacht etc, but they are dangerous. I urge all Scots to look at these sites because there will be more victims of these corrupt professions. Human rights, democracy, there is no accountability here, obtain the proper degree and you are treated like a saint no matter what you do. Clearly the Scottish Government and parliament are very loyal to these extremists.

Anonymous said...

These people are the dregs of humanity, low life worthless self protecting crooks. Only the very young or insane people would trust a lawyer or accountant.

Anonymous said...

"It is evident the ICAS role model for regulation, as presented to the Scottish Parliament, works no better than the Law Society of Scotland’s closed shop routine for complaints against solicitors, demonstrating yet again that only fully independent regulation will serve the interests of Scotland’s consumers when it comes to a reformed legal services marketplace".

However since the Legal Services Bill as it currently stands has no provision for fully independent regulation of legal services in Scotland (principally because the professions don't want it, and actually fear it).

True Peter but I think the word you should use here is terrified, they are terrified because truly independent regulation will see the Scottish Legal System in the dock. I would rather trust a rattlesnake not to bite me than a self regulator. The former acts out of self defence, the latter out of greed and indiference to the plight of their victims. I challenged Ian Smart on litigation and Eileen Masterman on justice for clients who complain on your blog and neither has answered because they cannot. They know when I say Ian or Eileen I am your lawyer, I ruin you, you complain to the SLCC Law Society, you get nowhere, you are repudiated by every law firm you approach, you contact the court and they do not want to know. You have nowhere to go because the total system is against you because you want justice against a criminal in their ranks. This is the client side of self regulation. Death to all self regulators.

The complaints process in this country is criminal, it is designed to protect those people who would want laypersons jailed if they lied under oath. No wonder they want to maintain self regulation, they are like the Klu Klux Klan, unaccountable criminals who can sleep at night because they are evil incarnate.

I hope my views are not too extreme for publishing Peter but these people go home at night with their lives intact. It is not so for clients. Like I said, death to all self regulators.

Anonymous said...

Justice is protecting crooked lawyers, clients cannot carry out risk assessments on lawyers who receive complaints from the public. That is why all lawyers are licenced to ruin clients.

Anonymous said...

There are clearly many criminals operating in the professions, especially law and accountancy. If products such as cars, washing machines etc were as reliable as these professions, the manufacturers would go out of business.

Manufacturers of legal and financial misery are what lawyers and accountants are. Why do powerful professions receive complaints from the public about their members. A bent system so bend in fact, it beggars belief.

Anonymous said...

From the Enron Scandal to Bernie Madoof major firms of Accountants have been shown to be comlicit in and willing aprticipants of fraudulent activity - so much for self-regulation.

Crooks the lot of them.........