Former solicitor given three months for breach of interdict

Former solicitor John O’Donnell has been jailed for three months for breaching an interdict against holding himself out as still entitled to practise.

The order has been suspended for two weeks to enable him to consider an appeal.

Formerly in practice as John G O'Donnell & Co in Glasgow, Mr O'Donnell undertook to give up practice following disciplinary proceedings in 2008, unless employed by a solicitor approved by the Law Society of Scotland. The following year the Society obtained interim interdict against him from holding himself out as entitled to practise as a solicitor, or pretending to be a solicitor, following a complaint about his activities. Further allegations followed and eventually in November 2014, after proof, Lord Stewart found that he had transacted legal work without the Society's approval. (Click here for report.)

Today's decision concerned the appropriate level of penalty.

Lorna Jack, chief executive of the Law Society of Scotland, commented: “Today’s sentence reflects the seriousness of John O’Donnell’s offence. As Lord Stewart said today in court, ‘John O’Donnell engaged in a course of conduct that breached the court order and he flouted the Scottish Solicitors’ Discipline Tribunal and provisions of the statute that regulate the profession’.

“People often turn to a solicitor at critical times in their lives so to deceive people who need legal advice is a serious abuse of the trust that clients place in their solicitor and goes against every solicitor’s core principles of honesty and integrity.

“It is essential to protect members of the public seeking legal advice and ensure they can continue to put their trust in solicitors. We will always take action against individuals if we have good reason to believe they are misleading people in this way.”