Group to recommend end to lawyers' court monopoly
2 Feb 06
Executive report to support move that campaigners say will cut court costs
The prospect of people other than lawyers representing clients in Scottish courts is coming closer, according to a report in today's Herald newspaper.
It is claimed that an inquiry by the Scottish Executive into competition in legal services will report next month that those who are not members of the Law Society of Scotland or the Faculty of Advocates should be granted paid advocacy rights.
The Scottish legal services working group - comprised of lawyers, advocates and consumer representatives - will recommend commencement of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) 1990. These abolished the ban on non-lawyers applying for the right of audience in Scottish courts, but have never been brought into force.
Campaigners for reform believe that allowing people other than lawyers the right to represent clients in court will bring down the costs of legal fees.
In England and Wales, members of the Institute of Legal Executives and the Chartered Institute of Patent Agents are allowed to represent people in court.
The Faculty of Advocates is quoted as supporting the extension of rights of audience by bringing the sections into force, to encourage more participation in the legal services market.