Lawyer given time to repay funds

Forster appeared at the High Court in Edinburgh

A former lawyer who embezzled £667,000 from his clients has had his sentence deferred and been given the chance to pay the money back.

John Kennedy Forster, 54, who was a partner in a family law firm in Stranraer, has pleaded guilty to 40 charges.

Forster was granted bail at the High Court in Edinburgh.

The judge Lord Emslie said Forster had until 12 February to raise the money and this would be taken into consideration during sentencing.

He (Forster) understands a custodial sentence will follow in this case which involves a gross breach of trust Paul McBride QC

Forster's lawyer, Paul McBride QC, said his client recognised that there had been a gross breach of trust which would result in a custodial sentence.

Forster, a former honorary sheriff, was sent to Barlinnie Prison in Glasgow earlier this month to await sentencing.

But he was freed on appeal nine days later on condition that he handed in his passport and report to a police station.

When he appeared before Lord Emslie again on Monday, his counsel asked for a further adjournment to continue efforts to make restitution.

It also emerged that Forster had been struck off by the Law Society of Scotland in 2001, after they had carried out their own prosecution for embezzlement and attempting to mislead the society.

The court heard that Forster had already repaid £200,000 and Mr McBride said that the final figure is likely to be under £400,000.

Independent tribunal

Paying back the money might be the most important feature in Forster's favour when sentencing is considered, Mr McBride added.

He said: "He understands a custodial sentence will follow in this case which involves a gross breach of trust."

Forster took £64,000 from the legacy of a man who bequeathed the money to Portpatrick Parish Church, the Dalrymple Hospital Patients' Fund, two charities for cancer and disabled people and the Portpatrick branch of the RNLI.

He also took £5,000 awarded to a 17-year-old who was injured in a road accident.

John Kennedy Forster embezzled clients' money, was dishonest and has no place in the Scottish solicitors profession Joe Platt Law Society of Scotland

Forster was caught after a farmer's widow complained to the Law Society of Scotland that he had overcharged her by £8,500 for a sheriff court civil action between her and her son in 1995.

He was prosecuted before the independent Scottish Solicitors Discipline Tribunal in 2001, which instructed him to be struck from the roll of solicitors in Scotland.

Joe Platt, the president of the Law Society of Scotland, said: "This is an example of the society doing its job well and taking every effort to ensure that the public are protected from any rogue solicitor.

"John Kennedy Forster embezzled clients' money, was dishonest and has no place in the Scottish solicitors profession.

"The society has, at all times, worked to protect the interests of the clients of John Kennedy Forster."

The society had not released details of its own prosecution of Forster so as not to prejudice the court case against him.