Mixed Scottish response to "Clementi" changes
18 Oct 05
Government proposals for legal services in England and Wales go further than report recommends
Scottish lawyers have given a mixed response to plans announced by the government yesterday for reform of the legal profession in England and Wales.
The plans, which comprise the government's response to the Clementi report, would see a wide range of new legal services providers south of the border, and a single, independent office for legal complaints, carrying out investigations into solicitors and barristers. The government's declared intention is to make getting legal advice "as easy as buying a tin of beans".
Going further than Clementi, who recommended "legal disciplinary practices" as a first step in allowing solicitors to practise in partnership with other professionals, the government proposes to allow outside firms to own and run law firms in England and Wales - the so-called "Tesco law". This would also enable the formation of multi-disciplinary practices, for example partnerships of lawyers and accountants.
The Scottish Executive is still waiting for completion of a report by a working group set up to carry out a review similar to that undertaken by Sir David Clementi. It is also considering responses to its consultation on handling of complaints about professional services provided by solicitors and advocates.
The Law Society of Scotland yesterday reaffirmed its commitment to the consultation and research processes and to ensuring the right changes for the Scottish legal marketplace. Some leading solicitors who wish to offer a range of professional services, believe that it would be anomalous not to reform the Scottish profession on the same lines as Clementi; but others remain concerned at the implications for professional independence and protection of the public as currently provided through the Society's Master Policy and Guarantee Fund. The Faculty of Advocates remains opposed to any change in its role in regulating the Scottish bar.
The consumer group Which? yesterday said that it was high time legal services consumers in Scotland had the same protection as those in England and Wales and that it would be campaigning for the necessary reforms to be carried out.