Banned lawyer John O'Donnell jail term quashed

A 64-year-old lawyer who pretended to be a colleague in order to breach an order banning him from working as a solicitor has had a jail term quashed.

John O'Donnell was given a five-year ban from practising after being found guilty of professional misconduct.

In February, he was jailed for three months for failing to obey a 2009 interdict from the Court of Session.

Appeal judges admonished O'Donnell after hearing of mental health problems and lack of proof over criminal motive.

The Court of Session in Edinburgh granted an interdict against O'Donnell in 2009 following an earlier ruling by the Scottish Solicitors Disciplinary Tribunal, which had found him guilty for the third time in his career of professional misconduct.

Following the ruling, O'Donnell started working for a firm on Glasgow's south side which was operated by a solicitor called Colin Davidson.

O'Donnell impersonated Mr Davidson, using his name to sign legal documents and pretending to be him when he met clients.

He also gave an advocate that he had instructed to act in a case the impression that he was allowed to work as a solicitor.

At the Court of Session in February, judge Lord Stewart said he had no option but to send O'Donnell to prison.

However, Lady Dorrian, who sat with judges Lord Drummond Young and Lady Clark, ruled that Lord Stewart acted incorrectly when he ordered O'Donnell to be sent to jail.

She added: "We are satisfied that the Lord Ordinary erred in his approach to sentencing. We think a period of imprisonment is excessive.

"We propose recalling the sentence imposed and impose an admonition."