News In Focus
15 February 2010
Reforms will produce a “third rate” legal system, lawyer claims
Plans in the Legal Services (Scotland) Bill to introduce alternative business structures (ABS) to the legal market, would leave solicitors open to political bias, according to a council member of the Scottish Law Agents Society (SLAS).
Writing in the Scotsman today, Robert Forman, who is also head of private client services at McKay Norwell, says that the reforms would produce a "third rate legal system of which Robert Mugabe would be proud".
Mr Forman raises fears about the oversight of the new entities, which will be regulated by a new body – yet to be agreed – that could, ultimately, be answerable to Scottish ministers.
He writes: "SLAS is not against reform per se but is convinced that ABS is a step too far. It is a threat to the centuries old independence of Scotland's solicitors. An essential part of a modern democracy is that the legal profession should be free from state control and outside interference.
"European law backs this position and it should be a matter of great concern that our independence may be lost, not just to the profession but the thousands of members of the public who use our services annually."
Mr Forman adds: "Scots law has retained its independence throughout more than 300 years of the British Parliament, yet we now we have a Scottish Parliament rushing to turn us into a type of third rate legal system of which Robert Mugabe would be proud, its independence compromised under direct control of the Scottish ministers."