MSPs' concern over standards in court cases

Opposition parties query benefit from relaxing court representation rules

News, 3 February 2006

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SNP and Conservative spokespeople have warned that a move to end the exclusive right of lawyers to represent clients in court may lead to a drop in standards.

As reported on the Journal Online yesterday, a Scottish Executive working group is expected to recommend freeing up the market in court advocacy by implementing sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, subject to regulatory safeguards. The final decision will be made by Justice Minister Cathy Jamieson.

Campaigners for reform believe this will make access to justice easier and cheaper for the less well-off.

However, SNP justice spokesperson Kenny MacAskill - a former practising solicitor - said he was yet to be convinced that such a move would benefit the legal service, and raised concerns about regulating those who were not part of professional organisations.

Margaret Mitchell, the Conservative party's justice spokersperson, said she was worried that people would not be properly represented or get the right legal advice.

Both the Faculty of Advocates and Law Society of Scotland have said that they welcome the move, provided the right safeguards are in place - in other words that others who appear in court are regulated to a similar standard.

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