News In Focus

23 December 2005

Advocates warn of complaints costs

Clients will end up paying for the new independent body to investigate complaints against practising lawyers, the Dean of the Faulty of Advocates has claimed.

Roy Martin QC said the proposed Scottish Legal Complaints Commission, announced by the Executive yesterday, would lead to "bureaucracy, duplication and unnecessary expense".

Although the Law Society of Scotland recently reversed its previous opposition to external complaints handling and called for a body such as that announced, the Faculty has maintained its position that the present system is robust and does not need to be changed. Mr Martin said the Executive had bowed to pressure to set up a body which would not improve the interests of those who needed access to justice.

The cost and delay would result from the Commission dealing with service complaints while conduct matters were still handled by the professional bodies, he predicted.

Mrs Linda Costelloe Baker, the Scottish Legal Services Ombudsman whose office will be abolished under the proposals, described the announcement as "a great leaving present". Mrs Costelloe Baker steps down next June.

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