News In Focus
16 November 2007
Parliament backs change for legal profession
Changes in the way the legal profession works have been promised by Justice Secretary Kenny MacAskill.
In a parliamentary debate yesterday, Mr MacAskill said Scotland’s legal profession had served Scotland well and was one of the fundamental pillars of the Scottish identity, but that Scottish lawyers should not be held back by “inappropriate restrictions and regulations that do not meet modern needs”.
The parliament agreed, in light of the Office of Fair Trading's response to the super-complaint by Which? on restrictions on business structures, and the Law Society of Scotland's current consultation on the subject, a motion affirming that the profession's regulatory and business structures should reflect Scottish circumstances, and supporting moves towards reforms to allow the Scottish legal profession to compete internationally while enhancing access to justice and affordable legal services in local communities.
The Justice Secretary said he was carefully considering the OFT report - to which he is due to respond by next month - but that he had no intention of adopting a model that is unsuited to the country’s needs. He added his support to the Law Society of Scotland’s desire to take the issue forward.
In an extensive debate (which can be accessed here) members were agreed on the need for reform, but recognised that issues had to be faced regarding protection of the public from inadequate service and in relation to the existing safeguards provided by the Law Society of Scotland's master policy for professional indemnity insurance, and the guarantee fund against dishonesty.
In a statement the Society said it welcomed the debate on legal services reform.
Richard Henderson, the Society's President, said: "We are pleased that the Scottish Parliament has recognised the Society’s efforts in driving the discussions on legal reform forward, in this morning’s Holyrood debate.
"It is a highly complex issue and we must ensure that in bringing forward any change, we find the right solutions for Scotland to ensure the independence of the legal profession and proper access to justice, while creating the right environment for law firms to flourish."
Mr Henderson pointed out that Wednesday’s budget had focused on increasing Scotland’s economic growth, and the legal sector currently contributes around £1.2 billion each year, some of it through successfully competing in the wider UK and international legal markets.
The Law Society of Scotland consultation document "The Public Interest: Delivering Scottish Legal Services" is available to download at: http://www.lawscot.org.uk . Consultation closes on 31 January 2008.