Former solicitor wins appeal against jail term for interdict breach

The former solicitor jailed for breaching an interdict against holding himself out as still entitled to practise, has won his appeal against the three month sentence imposed.

John O’Donnell was admonished by the appeal court on his appeal against Lord Stweart's decision in February that a three month prison term was appropriate. Lady Dorrian, Lord Drummond Young and Lady Clark of Calton decided that the penalty imposed by the Lord Ordinary was excessive. The decision regarding the breach itself was not overturned.

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, following a complaint about his activities. However it was established in court that he continued to transact legal work without the Society's approval.

Following yesterday's decision Lorna Jack, chief executive of the Law Society of Scotland, commented: “By holding himself out as a solicitor permitted to practice, John O’Donnell engaged in a course of conduct that breached a court order and flouted the Scottish Solicitors’ Discipline Tribunal and provisions of the statute that regulate the legal profession.

“The Law Society did all it could and should have done in relation to protecting the public and reputation of the profession by taking breach of interdict action against John O’Donnell. Mr O’Donnell had breached an order of the court and it is therefore for the court to determine what sanction is appropriate."

She added: "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 by holding themselves out as a solicitor when they are not entitled to do so.”