News In Focus
8 February 2010
Society supports Thomson rights of audience approach
Broad support for the draft recommendations in the independent review of rights of audience in the supreme courts in Scotland has been given by the Law Society of Scotland.
The draft findings of the review under investment banker Ben Thomson, published last month, proposed common standards of qualification, conduct and discipline arrangements for advocates and solicitor advocates, together with periodic reviews of those admitted to plead before the supreme courts.
In its response, published today, the Society welcomes the proposed recommendations on qualifications and training, maintenance of status, resources, a common code of conduct, and a single discipline tribunal for questions of misconduct.
However it prefers the recognised term "counsel" to "pleader" for someone practising before the higher courts. It also warns of the logistical problem of introducing a re-accreditation process if several hundred individuals were required to apply at once, and proposes this should be phased in, beginning with those who are less experienced.
Although the review proposes that discipline cases (as opposed to service complaints) should go to the Scottish Legal Complaints Commission, the Society opposes any change to the current arrangements, saying that the issue has been considered by the Scottish Parliament relatively recently and no basis has been put forward for a change.
Rule 3 "unnecessary"
It also maintains that the report has put forward "no valid case" for maintaining rule 3 of the Solicitor Advocates Practice Rules, which requires a solicitor advocate to advise a client of the considerations for and against using an advocate. The Society points out that no equivalent duty exists for advocates instructed directly by the client, and that changes in practice since the rule was introduced make it no longer necessary.
"In any event", the Society adds, "it is not practical to compare the advantages and disadvantages of 'a solicitor advocate' and 'an advocate'. There are many in each branch of the profession with a wide range of
experience and ability."
Bruce Ritchie, Director of Professional Practice at the Society, said: “We have broadly welcomed the draft report. We are particularly pleased to see Mr Thomson’s recommendations on training and qualification which would see the introduction of a single qualification for those who would appear in Scotland’s higher courts and a formal reaccreditation process, although we would favour doing this over a five-year period rather than every three years, which would have a bigger impact on resources."
Mr Thomson's final report is due out in March.
Click here to view the full response.