A LAWYER has been cleared of professional misconduct over legal advice given to former SNP MP and convicted fraudster Natalie McGarry.
Matthew Berlow represented McGarry between 2018 and 2019 after she had been charged by police with fraud and embezzlement while a sitting MP.
An investigation into Berlow was first launched by watchdog the Law Society of Scotland last year and involved five conduct issues referred to it by the Scottish Legal Complaints Commission over his handling of her case.
One complaint was that Berlow failed to “consult with or advise” his client on any aspect of the prosecution against her during a nine month period in 2018 when she was due to stand trial at Glasgow Sheriff Court.
He was also accused of not acting in his client’s best interests when he withdrew from acting for her in April 2019, as she was about to stand trial.
The Sunday Mail can reveal that no action has been taken by the Law Society on these complaints and one other.
The watchdog however made a finding of unsatisfactory professional conduct against Berlow for failing to provide alternative representation when McGarry’s advocate was unavailable for her trial. He was fined £1500.
Last week Berlow welcomed the Law Society findings. He said:”I feel vindicated by this investigation and decision.”
McGarry was found guilty in 2022 of stealing £19,974 while treasurer of the political organisation Women for Independence. She embezzled
a further £4661 while treasurer, secretary and convener of the Glasgow Regional Association of the Scottish National Party. McGarry had pleaded guilty in 2019 to two charges and was sentenced to 18 months in prison, after Berlow withdrew from
representing her. The conviction was quashed on appeal and a retrial ordered at Glasgow Sheriff Court,
Following the retrial in 2022, McGarry was jailed for two years, reduced to 20 months on appeal.
McGarry received £220,000 in legal aid to defend herself on the fraud charges. She was released last year after serving 11 months.
She was MP for Glasgow East between 2015 and 2017.
A Law Society of Scotland spokesperson said: “As the professional body for Scottish solicitors we take our
regulatory duties very seriously to ensure that people have confidence in the legal profession.”
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