News In Focus
9 September 2010
Society publishes SGM papers
The Law Society of Scotland today published the papers being sent to members for the Special General Meeting to be held on 24 September.
The meeting, to be held in Edinburgh's George Hotel, George Street, from 10am, will consider the Society's corporate plan and budget for the year beginning 1 November 2010, and vote on the proposed practising certificate fee of £550, a £15 reduction on the current year's fee.
In the corporate plan the Society sets out an agenda of further modernisation of the Society’s functions, "significant progress" on alternative business structures (ABS), greater clarity on the impact of ABS on the profession and public and on the Society's role as a regulator), and the introduction of revised routes to qualification as a solicitor in Scotland.
The plan provides an outline of the Society’s activities against a backdrop of slow economic growth, challenging
business conditions, public sector cuts and a Scottish parliamentary election.
In the summary the Society comments: "The ABS debates of 2010 showed a clear division of members’ views on this issue. The President and the Council have expressed a wish to work with members to ensure a strong, unified profession as we move forward. This will increase our engagement with members at both Council and executive levels."
Resolution
Also on ABS issues, the SGM will be asked to vote on the resolution passed by the Annual General Meeting in May on the motion of Mike Dailly of Govan Law Centre. This called on the Society to limit its support for non-lawyer ownership of law firms to a maximum of 25% held by individuals working within the firm. As the resolution was not adopted by Council, which favoured the motion, also passed, supporting non-lawyer ownership provided a 51% majority interest continued to be held by regulated professionals, it has to be put to the next general meeting. If confirmed, it also becomes binding on the Society.
The Society is not taking a position for or against the resolution. President Jamie Millar explains its position: "Although anomalous – and a good illustration of the need to modernise our constitution and standing orders – two resolutions, promoting inconsistent policy positions, would both be valid. Taken together, the resolutions would reflect the differences of opinion within the profession, while broadly agreeing to proceed with ABS and some extent of non-solicitor ownership of licensed legal services providers.
"The Society will continue to express that view to Scottish ministers, the Scottish Parliament and MSPs. It is for members to decide if two inconsistent positions should be promoted in this way."
As currently amended, the Legal Services (Scotland) Bill would permit the 51% model. The bill is due to have its stage 3 debate in the Parliament next month. The Society anticipates that it will be passed.
Click here to access the papers.