Society responds to Thomson report on Rights of Audience
The Law Society of Scotland has commended many of the recommendations in the Thomson Rights of Audience draft report, but states in its response that it is against removing investigation of conduct complaints from either the Society or the Faculty of Advocates.
Bruce Ritchie, Director of Professional Practice at the Society, said: “We have broadly welcomed the draft report. We are particularly pleased to see Mr Thomson’s recommendations on training and qualification which would see the introduction of a single qualification for those who would appear in Scotland’s higher courts and a formal reaccreditation process, although we would favour doing this over a five-year period rather than every three years, which would have a bigger impact on resources. We are also in favour of having a common code of conduct; and a single discipline tribunal for misconduct issues.”
“However there are some issues in the recommendations which we have raised in our response to Mr Thomson, including the Rule which requires all solicitor advocates to advise clients of the advantages and disadvantages of instructing a solicitor advocate or an advocate, while there is no such rule for the advocates. As we have said previously, we would want to see this rule scrapped.
“We also believe that all conduct complaints should be dealt with by the professional bodies, while the SLCC continues to act as the gateway body for all legal complaints.”
He added: “There has also been some debate over how to refer to those in the higher courts. We would prefer the term ‘counsel’, which already exists and belongs to both branches of the profession, rather than ‘pleaders’, which personally I think is an ugly word, and ‘senior counsel’ for QCs.
“We are submitting our comments and look forward to further discussions next week. Mr Thomson’s final report is due out in March.”
To read the full response click on the link: Law Society response: Thomson Rights of Audience Report
See also the Solicitor Advocate Rules section of the website.
ENDS
FOR FURTHER INFORMATION: Please contact Val McEwan on 0131 226 8884 or 07825 206468. Email: valerimcewan@lawscot.org.uk
