Blackmail warning from Society chief

Mill claims risk from charging powers of proposed Complaints Commission

News, 3 May 2006

Douglas Mill, the chief executive of the Law Society of Scotland, has warned that the proposals for a Scottish Legal Complaints Commission (SLCC) could lead to a "blackmailer's charter".

The Commission, an independent body to investigate complaints against practising lawyers, would be set up under the Legal Profession and Legal Aid (Scotland) Bill now before the Scottish Parliament. Individual lawyers and legal firms have made hundreds of representations to the Justice 2 Committee, which is scrutininsing the bill, that under the current provisions it would operate unfairly.

Giving evidence for the Society to the Committee yesterday, Mr Mill said the proposals meant that lawyers would still be paying a case fee, even if the Commission found that complaints were unfounded. This, he said, went against most tenets of natural justice and that would cause concern to any firm of solicitors, law centre or citizens' advice bureau.

For the Faculty of Advocates, Valerie Stacey QC said the Faculty supported an independent appeals body to review decisions taken under the Faculty's own procedures.

Both bodies believe the SLCC would breach human rights laws because the bill does not include a right to independent review of ite decisions.