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Ex SNP MP Natalie McGarry’s lawyer cleared of misconduct over advice given to convicted fraudster

A lawyer representing ex-SNP MP Natalie McGarry has been cleared of professional misconduct over the legal advice given to McGarry, who was convicted of fraud. Matthew Berlow, who represented McGarry between 2018 and 2019, faced an investigation by the Law Society of Scotland over his handling of the case. The investigation involved five conduct issues referred by the Scottish Legal Complaints Commission. However, the Law Society found no grounds for action on most complaints except for a finding of unsatisfactory professional conduct related to not providing alternative representation when McGarry’s advocate was unavailable for her trial, resulting in a £1500 fine for Berlow.
One of the complaints against Berlow was regarding the lack of consultation and advice to McGarry on the prosecution against her during a significant period leading up to her trial. Additionally, he was accused of not acting in her best interests when he withdrew from representing her just before her trial in 2019. Despite these complaints, the Law Society did not take any further action on these issues. Last week, Berlow expressed his satisfaction with the Law Society’s findings, stating, “I feel vindicated by this investigation and decision.”
McGarry was found guilty in 2022 of embezzling funds while holding positions in political organizations and the Scottish National Party. She had pleaded guilty in 2019 to charges related to the embezzlement and was initially sentenced to 18 months in prison. However, the conviction was quashed on appeal, leading to a retrial in 2022 where she was sentenced to two years, later reduced to 20 months. McGarry received £220,000 in legal aid for her defence and was released after serving 11 months. She had served as the MP for Glasgow East from 2015 to 2017.
A spokesperson for the Law Society of Scotland emphasised their commitment to upholding regulatory duties to maintain public confidence in the legal profession. The case highlights the complexities and responsibilities associated with legal representation in high-profile and sensitive matters. Despite the legal challenges she faced, McGarry’s convictions and subsequent retrial underscore the importance of accountability and transparency in legal proceedings.