LEGAL SERVICES BILL DRAWS PLAUDITS AND BRICKBATS FROM SCOTTISH LAWYERS

[THE LAW SOCIETY OF SCOTLAND has warned that proposed new powers allowing Scottish Ministers to intervene and direct regulators of legal services in the country are ‘deeply alarming’ and risk seriously undermining the independence of legal regulation from the state.

The Regulation of Legal Services (Scotland) Bill would for the first time make it possible for complaints to be made against those who provide legal services to the public but who are not regulated. The appeal process for complaints about poor service will be simplified in line with an ‘ombudsman approach’, helping to make the system more accessible and affordable.

The Scottish Government says that the Bill, if passed by the Scottish Parliament, would also place legal duties on the profession’s current regulators – the Law Society of Scotland, the Faculty of Advocates and the Association of Commercial Attorneys – to be more transparent and accountable in their regulatory work. They will be required to protect the principle that consumers should be treated fairly at all times and have access to a range of legal services which are affordable and suited to their needs.

Government Ministers will also be able to launch a review of the regulators and require them to make improvements or impose financial sanctions if they fail to regulate in the public interest.

Voicing the concerns of the Law Society of Scotland, its president Murray Etherington commented: “Some aspects of the proposed Bill are deeply alarming. One of the most important roles of the legal sector is to challenge government on behalf of clients and hold it to account.

“The proposed new power allowing Scottish Ministers to intervene directly in regulation risks seriously undermining the independence of the legal profession from the state. This is clearly unacceptable and needs to be removed from the Bill by the Scottish Parliament as the Bill progresses.”

There was support for other measures in the Bill. Murray Etherington continued: “Maintaining professional standards and protecting clients is some of the Law Society’s most important public interest work. However, much of the existing legislation on regulation is now over 40 years old and is simply unfit for today’s modern and diverse legal sector. This is why we went to the Scottish Government almost a decade ago, asking for change.

“The complaints system in particular needs reforming to make it quicker and simpler for the benefit of all involved. There is also a chance to better protect consumers from unqualified providers of legal services, especially when things go wrong."

The Scottish Government is currently consulting on the proposals.

Kaukab Stewart MSP, convener of the Equalities, Human Rights and Civil Justice Committee, said: “This new bill aims to modernise the legislation covering the regulation, which is now over 35 years old. There have been several calls for change over the past decade. Through our scrutiny, we want to ensure that this new Bill delivers on its aims.

“We would like to hear views from across the legal sector and public bodies as we seek to understand how the current regulatory landscape is viewed. We also want to get an understanding of what impact the changes in the Bill would have on consumers of legal services. To share your views on the Bill with the committee please complete our call for views.”

The consultation closes on 9 August. q