News In Focus
3 April 2009
Society urges changes to Scotland's legal services
The Law Society of Scotland has backed major reforms to the country’s legal services.
In its response to the Scottish Government's consultation paper Wider Choice; Better Protection, the Society states that Scotland’s legal profession should be able to offer its services to best meet the needs of modern society and a global economy. The consultation closes today.
Currently in Scotland, only solicitors can own law firms and form partnerships with other solicitors. The Society wants solicitors to have the option of adopting an alternative business structure, which might include a joint practice with non-legal professionals, or allow other providers to offer legal services to consumers, in addition to retaining the current partnership model.
Driving debate
The Society's President, Richard Henderson said: “The Society has been active in driving this debate forward, believing there is a real need to modernise legal services in Scotland. Scots lawyers are well respected round the globe and we want to ensure that they have the opportunity to develop their businesses both now and in the future.
“Equally important is creating a means to ensure that access to legal advice is available to all those who need it and that strong consumer protections remain in place – effective regulation will be key to any plans for change.”
He said it was crucial for Scotland to develop its own solutions in response to the calls for change in the legal sector, while taking into account developments in England & Wales, as set out in the Legal Services Act.
Mr Henderson added: “Scotland is entirely different as a legal jurisdiction with a much smaller and more scattered population and this, among many other considerations, must also be taken into account.
Amend or repeal
“The Society’s consultation response aims to assist the Scottish Government, the Scottish Parliament and its members in improving access to high quality and well regulated legal services. We would encourage the Scottish Government to amend or repeal the legislation that currently prevents alternative business structures as soon as possible.
“This is one of the most important issues to arise in the history of the Scottish legal profession and could result in far reaching changes for the profession, the Society and the public.”
The Society’s response to the consultation paper will be available at: www.lawscot.org.uk.