Society seeks Scottish solutions

Scots assert their independence; English welcome Clementi report

News, 15 December 2004

The Law Society of Scotland looks forward to further work with the Scottish Executive and Parliament in developing a distinct framework for the legal profession in Scotland.

In its initial response to the Clementi report, the Society emphasised that the report extends to England and Wales only, and that the solicitors' profession in Scotland is regulated in a different way - by the Society in conjunction with, and under the supervision of, several other bodies and officials including the Scottish Parliament.

"The Society was invited to participate in the review process and did so with the intention of benefiting the review as well as gaining an opportunity to debate regulation and develop ideas to continue to modernise the Scottish regulatory system", it said in a statement.

"The Society notes that the report recommends Model B+, which would leave regulatory and representational powers with the professional bodies, but require them to make a more explicit separation between the governance arrangements for these two activities. The Law Society of Scotland believes that its regulatory process is closest to the B+ model of the three considered in the review."

The Society, which secured reforms through the Scottish Parliament in the Council of the Law Society of Scotland Act 2003 with cross party support, is looking forward to responding to the Scottish Executive's forthcoming consultation on the regulation of the legal profession in Scotland, which follows on from the Justice 1 Committee inquiry report of 2002.

The Scottish Executive, the Society points out, has stated that it continues to believe in self-regulation of solicitors in Scotland subject to the appropriate controls and supervision.

Meanwhile the Law Society in England and Wales has welcomed the report's recommendations. "We're glad Sir David Clementi has agreed that solicitors and the Law Society should remain involved in regulation", said its President Edward Nally. "We have no problem with scrutiny by an independent board and look forward to working with it." He also accepted "a strong case" for having a new body to deal with all consumer complaints about lawyers.

The English Society also favours allowing solicitors to form partnerships with other professionals to provide legal services, and accepts the possibility of external ownership, provided the right safeguards are in place.

The one area where it expressed disappointment with the Clementi recommendations was the failure to insist on proper regulation of "claims farmers and unscrupulous self-styled legal advisers in other areas of law". On this issue it hopes the government will go further.