Society denies pending rift
17 Aug 06
Proposed new solicitors' association could help deliver feedback, says Adair
The Law Society of Scotland and member solicitors have moved to play down a newspaper report that a new national association of solicitors is set to rival the Society in representing the Scottish legal profession.
The report in today's Scotsman claimed that the proposed new body "reflects an unprecedented militancy among Scotland's 1,500 registered legal-aid lawyers".
It went on to state that "some lawyers are angry at the Law Society's decision last week to accept a £1.3 million increase in legal aid for the most serious criminal work and resume co-operation with the Executive, and believe that a new national body would better fight their corner in future battles with ministers".
But both the Society and Vincent McGovern, spokesman for the Hamilton Bar Association, who was quoted in the article, say any new organisation would complement the work of the Society and work alongside it.
Vital feedback
Oliver Adair, convener of the Legal Aid (Solicitors) Committee said that the Society had represented the interests of both the solicitors’ profession and their clients in the recent negotiations over solemn criminal legal aid rates with some success as an increase in the proposed rates was secured. The campaign had led to a greater awareness of the difficulties faced by solicitors and a greater respect for what they did.
“The Society recognises that the feedback of its members is vital and relies on that feedback to work in their best interests. A new faculties forum may be a useful way to build on this", he added. "Such a forum may also help to promote solicitors’ interests to the Scottish Executive during the ongoing reform process.
“Local groups of solicitors have sought to represent their own interests in the past and are entitled to do so again in the future."
Mr McGovern said: "I don't have any problems with the Law Society of Scotland, which does an excellent job in negotiation. But there is a limit to what it can do, partly because of its statute and the fact it represents more than 40 faculties across Scotland.
"A new body, which I'm keen to get off the ground, would provide much needed cohesion and co-ordination through a unified approach.
"Its role would be to put pressure on the Executive not the Society. We would feed into the Society."
Interests represented
It was Mr McGovern who presented the motion to the special general meeting of the Society in May that led to the Society suspending co-operation with the Scottish Executive in criminal matters until the Executive made its improved interim offer on solemn criminal legal aid.
The Society has dismissed suggestions that it failed to represent lawyers' interests on the issue of legal aid.
The spokeswoman added: "We wanted to resolve the issue as soon as possible and we did so with relative success. The offer we negotiated was accepted by solicitors located across the whole of Scotland."