News In Focus
15 February 2010
Society responds to SLAS critique of legal services reform
The Law Society of Scotland's recent work on legal services reform was mandated by members at its annual general meeting, and its policy was formed in the light of the Justice Secretary's declaration that "no change is not an option".
The Society made these points today in response to a newspaper article by Robert Forman, a council member of the Scottish Law Agents Society, criticising the reforms in the Legal Services (Scotland) Bill as a "step too far" and warning of a possible move to have the Society reverse its policy via a special general meeting.
Recalling its statutory duty “to represent the interests of the profession and of the public in relation to the profession", the Society pointed out that its key decisions on rules and policies are, as with the ABS (alternative business structures) policy, made at general meetings of its members following consultation with members.
In the case of ABS, it went on, "The 92 responses to the Society's three-month consultation... came from individuals and organisations representing many thousands of members (such as the In-House Lawyers Group and the law agents as well as firms large and small which represented the views of many thousands of solicitors). Solicitors, at a conference organised by the Society to debate ABSs, were informed by the Justice Minister in 2008 that 'no change was not an option' and that changes would and could be made.
"Each and every member was asked to contribute to the consultation on which the Society's ABS policy paper was based, and had the opportunity to vote on the policy paper at the 2008 AGM. Eight hundred and one votes were for the proposal to support change and introduce ABSs while 132 were against. (Six hundred votes were from 'big firms'.)"
The Soceity added that not to have proceeded on the basis of the AGM vote would rightly have called the Society into question by its members.
The Society assets that it has "consistently made representations on the need for independence of the legal profession, protection of core values, the protection of access to justice and a level playing field for providers of legal services", and is seeking increased assurance of sound client protections.
Pointing out that the Scottish Law Agents Society is entitled to call an SGM, the Society says that if the profession changes its policy on ABS, the Society would promote that policy – though "whether that would result in any change to the progress of the bill through the Scottish Parliament is debatable, given the Justice Secretary's words in 2008".
Accepting that a professional body always has a tension between its regulatory and representative roles, "it is that very tension that binds the profession, that makes it accountable to its clients and wider public and that maintains its reputation as a profession of value and intergrity, and the Society’s representative role has been shown time and time again to be integral to its regulatory functions working effectively", it adds.
The Society concludes: "Lawyers have always moved with the market and thrived on that change. The legal profession can and is for many, a profitable business. It is not for the Society to protect that market, but it is for the Society to protect the core values – the values that make what we do a profession. That is why legal services providers proposed under the bill must be well regulated and adhere to the professional standards currently upheld by the profession and the Society.
"To make sure that happens we want all solicitors to be involved in the ongoing discussions, to respond to the current consultation [on the proposed regulatory model, launched today] and to work together to protect independence and the core values of the profession" – for solicitors but also for their clients, whether they seek advice from a solicitor practice or possibly at some future date from a licensed legal services provider.