News In Focus
26 February 2010
SGM motion too broad, says Smart
The motion to be put to the special general meeting of the Law Society of Scotland - now provisionally fixed for 25 March - is too broadly stated and not a realistic way forward, President Ian Smart said today.
Responding to the requisition for a meeting by the Scotish Law Agents Society, delivered yesterday, Mr Smart said the requisition was "significantly broader than expected".
“Rather than aiming ‘to ascertain the profession’s views on the issue of the external ownership of law practices’, as stated earlier this week, the motion, if passed, would change the Society’s policy from supporting to opposing all forms of alternative business structures", he commented.
The motion asks the meeting to affirm that "It is essential in the public interest in the retention of an independent legal profession that the ownership of any business authorised to carry out work which is reserved to persons qualified to practise as solicitors in terms of the Solicitors (Scotland) Act 1980, should be vested in persons so qualified".
Mr Smart said: “The motion as it is worded, may also lead to issues relating to in-house lawyers who work in the reserved areas of practice. Currently around a quarter of the Society’s members work in-house in local authorities, government, the Crown Office and business.”
Major change
He added: “The bill is likely to bring about major change in the delivery of legal services so we appreciate the desire for a debate, but to try and completely reverse the Society’s position two years on from its original adoption and half way through the progress of the Scottish Parliament legislative process is not, in my opinion, a realistic way forward.
“Instead, I would prefer to concentrate on the best way to provide clients with the legal services they need and allow solicitors from different sectors of the profession to continue to provide the client protections which are unique to the Scottish experience.
“I encourage all members of the profession to get involved in the debate at roadshows, the SGM and on the consultation and have their say.”
The date for the special general meeting is to be confirmed but must be no later than 25 March.