News In Focus
28 November 2007
WS Society says change needed
The current system of regulation of the legal profession is complex and unnecessarily restrictive, and a comprehensive review of the structure and delivery of legal services is long overdue, according to the Society of Writers to Her Majesty’s Signet.
The WS Society's views are contained in its response to the Scottish Government's consultation process following the Office of Fair Trading's investigation of the super-complaint by the consumer organisation Which?
Key to any reforms, the Society believes, is "flexibility of service provision to serve the market". It does not come out for or against any of the practice models currently being put forward - legal disciplinary practices, multi-disciplinary partnerships, equity investment or non-lawyer ownership - and accepts and welcomes the fact that there will always be competition from non-lawyers.
However the Society is concerned that the core values of the legal profession, of legal privilege, confidentiality, independence and freedom from conflict of interest, should be protected in the public interest, and that competition should be on a like-for-like basis, especially in relation to liability of the service provider and the public protections to be put in place.
Simpler model
It also questions whether the structure to be put in place in England & Wales under the Courts and Legal Services Act 2007 will deliver the promised benefits, and urges the Scottish Government "not to follow this route without considerable thought". Scotland, it believes, does not need the likely size, complexity and cost of the English model, but "a Scottish solution that will facilitate expansion of our legal industry domestically and internationally", as well as protecting consumers.
The Society's senior office bearer, John Elliot, said: "Lawyers pride themselves on offering quality and value for money. They are also guardians of important values intrinsic to the Scottish legal system which has remained distinctive since the Union of 1707.
"Core values include client confidentiality, independence and duties to the courts. We urge the government to allow sufficient time and to work with the legal profession to design a modern regulatory framework fit for purpose to meet the needs of tomorrow."
The Society intends to contribute further as the review of legal service regulation gathers pace.
The Scottish Government is due to respond by early December to the OFT investigation, which upheld the complaint that restrictions on the ways that lawyers can work together, and with non-lawyers, prevent consumers from getting the legal services they need.