For lay people like ourselves, legal writings are never easy to follow and trying to read and make sense of legal mumbo-jumbo often leaves us overwhelmed, underwhelmed and every other whelmed. We are smart enough, however, to recognise a stupid lawyer when we see one. David McKie, a Glasgow solicitor, falls precisely into that category.
The circumstances of David's current predicament arise from a notorious episode during the Covid era when our old friend, Baroness Michelle Mone, helped a company, PPE Medro, obtain a Government contract for the supply of medical equipment to hospitals etc. The equipment, allegedly worth some £300 million, turned out to be unfit for purpose and certain newspapers began inquiring into how the contract was awarded in the first place.
When the going got too hot for Michelle she instructed the precious and highly litigious David to represent her. David replied to the newspapers with a lengthy volley of correspondence that even a child could see was threatening, intimidating, unduly aggressive and highly questionable. The Guardian newspaper didn't take this lying down and lodged a formal complaint about David's firm with the Scottish Legal Complaints Commission.
The Commission decided the complaint should be referred to the Law Society of Scotland for consideration as to whether the circumstances amount to Misconduct. David's law firm, who says he specialises in Media and Reputation Management - whatever that is - appealed that decision to the Court of Session.
The Court of Session had little difficulty in rejecting David's firm's appeal so that there is now a chance that the firm, or someone within the firm, or both, can expect an appointment with the Scottish Solicitors' Discipline Tribunal. At the very least, the firm itself should expect a Writ in the Civil Courts for what David wrote. It was shocking stuff on any, and every, view. (The Court of Session reference is Levy & McRae v Scottish Legal Complaints Commission XA79/24).
Our advice to Michelle at the time was to get shot of her lawyers as they were - and we quote ourselves - 'stupid beyond belief'. She should have taken our advice for free as we know only too well that when arrogance and stupidity combine the consequences are never pretty.
Just ask Prince Andrew.