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Ten-year ban for solicitor who failed to pass on Scottish miners’ compensation

By NEIL POORAN

Published on Sunday 10 June 2012 00:00

A SOLICITOR who failed to pass on tens of thousands of pounds to the families of former miners in Scotland has been barred from the profession for a decade.

Paul McConville admitted 40 cases of professional misconduct which deprived grieving relatives of substantial compensation awards.

The 45-year-old lawyer from Hamilton, South Lanarkshire, sought out cases involving Scottish coal-mine workers who had been injured or had died as a result of their work. But he bungled their handling, failing to claim and pass on compensation money despite offers being made and ignoring clients’ desperate pleas for information.

One relative represented by McConville has revealed she has not seen a penny of a £9,000 compensation offer made through him in 2009.

The Scottish Solicitors’ Discipline Tribunal (SSDT) decided this month at a hearing in Edinburgh that McConville had brought the profession into disrepute and was told he would not be allowed to work as a solicitor again until 2022 at the earliest, although he will be able to work as a legal assistant. Announcing the decision, SSDT chairwoman Dorothy Boyd said: “The tribunal finds you guilty of fundamental misconduct.”

McConville was a partner at the Glasgow-based McConville O’Neill in June 2001 until the company ceased trading in 2010. At the time, a large number of cases involving miners were being pursued against the government’s Coal Liabilities Unit.

Many of these cases were taken up by lawyers acting for the National Union of Mineworkers. But depending on how active the union branch was, firms like McConville O’Neill stepped in.

McConville admitted professional misconduct, involving 40 cases of ignoring the Law Society as well as clients and their MPs.

His former partner, Ciaran O’Neill, also appeared before the SSDT on 1 June. O’Neill faced a charge of “Inadequate Professional Service” related to the fact he was a partner and responsible for the conduct of the firm. Both lawyers were ordered to pay compensation of £9,000 to the Law Society of Scotland.

Valerie Johnston, for the Law Society, said: “Where a solicitor does not respond, it adversely affects the perception of the whole legal profession. Clients were not being dealt with in an appropriate way by the firm McConville O’Neill.”

James McCann, representing McConville, claimed his actions were caused by depression. He said stress after a fine was levied on his company “led to an unacceptable pattern of dealing with things”.

McConville is now working voluntarily for the Citizens’ Advice Bureau in Hamilton, said McCann.

Former client Mary Hunter said McConville was supposed to process a £500 compensation claim, but he refused to communicate with her. Her miner father George, who served in the Black Watch, died in 1965 of bronchitis.

“I’m over the moon to hear he won’t be able to practise,” she said. “No lawyer should do that, you would expect better of them.”

She claimed that at one point McConville faked a fire alarm in his office when she spoke to him over the phone.

Another client, Helen Baxter, 81, said McConville had failed to progress a £9,000 claim of compensation relating to her father-in-law Henry who died in 1981 of mining-related lung problems.

She said: “I’ve not received anything yet. I got told when I phoned that they had moved premises. He should’ve been locked up.”

Fife Labour MP Lindsay Roy, who took up the cases, said: “I am delighted action has been taken to discipline Mr McConville. However, every effort must be made to ensure justice is done for the many clients who had faith in him to secure compensation awards.’’

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West Fife miners fight for compensation

Gary Fitzpatrick • Published 28 Jan 2010 07:15 7 Comments

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Andy Hunter.

TWO former miners from West Fife face a fight to recover thousands of pounds owed to them, after claiming their cases were seriously mishandled by their solicitor.

The men, both suffering from the painful industrial injury, vibration white finger (VWF), now have to take legal action against AWOL lawyer Paul McConville, who they can no longer contact, and the Law Society of Scotland is taking proceedings to establish if he is guilty of professional misconduct.

For several years, MP Willie Rennie has been looking into the case of two ex-miners Andy Hunter (46, pictured), of High Valleyfield, and William Forrest (65), of Dunfermline.

The men have missed out on large compensation payments they should have already received under a Government scheme for the sufferers of the painful VWF condition, caused by using hand-held power tools over long periods.

It causes numbness and discolouring of the fingers, makes gripping objects difficult and can cause painful throbbing, especially in the cold winter.

Having been let down originally by the health and safety regime in the mines, the men claim they have now been let down by the legal system and many others may be in the same predicament.

Mr Hunter, of Dunimarle Street, said, "My case has been going on since 2003 and I've never had a penny."

The scheme's claim handlers, Capita Insurance Services, have confirmed that £12,600 was paid out to Mr Hunter's solicitors in April 2008 but he says he has still received nothing and claims he has had no communication from the Glasgow-based McConville O'Neill firm in years.

Mr Hunter, who worked in the mines for 17 years at Castlehill then Castlebridge, said, "I became suspicious after not hearing from the solicitors for two years.

"When you phone you don't get past the receptionist. That's when I got in touch with my MP."

And he claimed, "It turns out that there was an offer made to the solicitors of £26,000 but I wasn't told about it.

"The paperwork would have taken no time to complete but because they didn't act in time that payment offer lapsed.

"Then there was an offer of £12,000 which was paid to the solicitors without me knowing anything and I've never seen any of it.

"I'm an angry man. It's unbelieveable the way this has been handled and I just wonder how many others are affected.

"This could be just the tip of the iceberg.

Mr Forrest, of West Baldridge Road, who worked in the mines for 38 years at Comrie, Longannet and Monktonhall, said, "This case has been going on for eight or nine years now.

"I was given an interim payment of £6000 and then I heard nothing more.

"Twice I even went through to Glasgow to see the solicitor and he was always as nice as ninepence but never told you anything.

"This whole thing has been a shambles.

"You're told you have to leave it to the solicitor and the insurance company to sort it out.

"In my case, the solicitors made a mess of it, missed the cutting off date and I'm having to carry the can.

"It was money that I thought I was entitled to but it hasn't happened.

"Now I've been advised to hire another solicitor to try to get the money back from McConvilles.

"It was only through the work of Willie Rennie that I even found out my case had been closed down because the cut-off date had been missed.

"Otherwise nobody would have told me."

Mr Rennie said, "Andy and William have been badly let down by the legal system.

"They trusted their lawyer to do the right things but are still waiting several years later.

"It is an outrageous betrayal of two hard working miners and I will keep fighting on their behalf and would like to hear from any others who have been treated in a similar way."

The Law Society of Scotland wrote to Mr Rennie following a hearing in September to inform him, "The council, acting through its committee, considers that the allegations may justify prosecution before the Scottish Solicitors' Discipline Tribunal.

"The society has appointed a solicitor, known as a Fiscal, to investigate and, if appropriate, prosecute the complaint."

Paul McConville has not only been incommunicado to his unhappy clients and Mr Rennie but failed to respond to the Law Society correspondence on the matter.

The society decided that this "appeared to amount to a serious and reprehensible departure from the standard of conduct to be expected of a competent and reputable solicitor; that it appeared to be capable of being proved beyond reasonable doubt and could thus amount to professional misconduct".

Ciaran O'Neill and Paul McConville founded McConville O'Neill in 2001.

Their website boasts, "As experienced personal injury solicitors they combine approachability and friendliness. Their priority is to obtain financial compensation on behalf of their clients."

However, the telephone number on the website is unobtainable.

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Obsessed.

Honestly, I can't figure out why anyone would devote so much time and effort into something that was to do with their bigger rivals.

I couldnt care less about them from the other side of the city, don't even read the pages in the paper when it's a story about anyone connected to them, but this guys set up a blog purely to keep his fellow unwashed up to date with his biased views of what has been going on at our club.

Paul, if your reading, which I'm sure you are since you like to keep up to date with our business, we will be back stronger and that willl hopefully prove to you that you are second class, and always will be, in everything you and your kind do and support :wanker:

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Yeah been wondering where he has got to, was he not doing exams at this time ?

He's not been about the Uni much so couldn't tell you where he has got to!

Did you know a select few in the uni have been given Rangers as a project to do over the summer?

#obsession

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He's not been about the Uni much so couldn't tell you where he has got to!

Did you know a select few in the uni have been given Rangers as a project to do over the summer?

#obsession

Our wee country will end up with the tax brains of the UK Financial System :lol:

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They don't make them much lower than this, and to blame his theiving on having depression is proper scum behaviour

Surprised he didnt blame Rangers - Every other bhastard does.

And...he should have got jail time too.

Scumbag!

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Cheers for that North Rd. I had read some reports about this Rhat but needed pointing in the right direction, thank you.

Also felt that the more information that comes out about these people the better, so highlighting the facts and keeping them in the open is the way to go so keep posting!

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