Tribunal calls for changes in the law
10 Jul 07
Inability to properly discipline Glasgow drug-smuggling lawyer "wholly unsatisfactory"
The Glasgow lawyer who smuggled drugs into prison avoided disciplinary action by quitting before she appeared in court, prompting a call for a change to the law.
Angela Baillie, 34, managed to avoid the full sentencing power of the Scottish Solicitors' Discipline Tribunal yesterday by having had her name taken off the practising roll of solicitors when she first appeared in court. Had she still been on that roll, it is likely she would have been struck off, making it very difficult for her to work as a solicitor again.
Baillie was jailed for 32 months in April of last year after admitting two charges of being concerned in the supply of heroin and diazepam at Barlinnie Prison. Because Baillie was no longer on the rolls of the Law Society of Scotland by the time the tribunal considered the case last December, there was very little it could do.
In a written ruling, the tribunal said Baillie's offences had struck at the heart of the obligations of honesty and integrity expected of every solicitor and that her conduct had damaged the profession in the eyes of the public.
The tribunal said it was "wholly unsatisfactory" that it was unable to demonstrate to the public the contempt it felt for Baillie's actions, while other regulatory bodies can prevent members from resigning while disciplinary proceedings are pending.
A spokeswoman for the Law Society of Scotland said: "The Law Society is aware that this case has highlighted a problem with the existing legislation. The Society has spoken to the Scottish Executive about changing the legislation as the Scottish Solicitors' Discipline Tribunal is independent of the Society and any changes to its rules have to be made by the Scottish Parliament."