Law Society receives requisition for second referendum
The Law Society of Scotland received a requisition calling for a referendum on its representative role today, Wednesday, 10 March.
The Society’s Council will meet on 25 March and will consider its proposals before setting a date.
A referendum on the Society’s dual role will not take place before the planned referendum on alternative business structures, which was called by the Society last week. This vote will be run independently by the Electoral Reform Service as a secret ballot from the week commencing Monday, 22 March.
The Society’s Council agreed on Friday, 5 March, that a referendum on ABSs would provide clarity on the views of the profession and allow the Society to move forwards with a policy determined by the outcome of members’ vote. The result is expected before the Stage 1 debate on the Legal Sevices (Scotland) Bill, which is due to take place at the Scottish Parliament in mid April. An SGM requisitioned by the Scottish Law Agent Society will also take place on 25 March to debate ABSs and the Bill.
Ian Smart, President of the Society, said: “There are fundamental changes proposed for the legal profession in Scotland in the Legal Services (Scotland) Bill and it’s important these two distinct issues are debated and addressed separately.
“Prior to any second referendum, we intend to attemp to clarify the term ‘representation’ in the requisition to establish whether it includes the wide-ranging professional support, representation of our members' interests and negotiations that the Society currently carries out on their behalf at all levels of government in Scotland and the UK, overseas, and to other professions and stakeholders.
“The requisition today refers to the loss of independence if section 92 of the Legal Services (Scotland) Bill becomes law. The Society has, throughout the ABS debate, maintained that independence is of fundamental importance and will continue to press for amendments to the Bill to ensure it is not compromised.
“Even as currently drafted, ministers will not have ‘unfettered powers’ to set the number or criteria for those on the Society’s Council - that will be a matter for the Society's Council. As drafted, the government could decide on a proportion and type of appointments but only after consultation with the Society’s Council and the Lord President.
"The proposed 20% non-solicitor membership on Council, which will become part of the Society's obligations, was decided by Society Council members and has been agreed as appropriate by ministers. I do not believe that this threatens the independence of the legal profession in any way – in fact I think we stand to gain from the talent, knowledge and experience new lay members would bring, as have other professional bodies, the majority of which have lay members on their governing councils.
"Solicitors will continue to have a significant majority vote on issues affecting them . This is despite continued pressure from the consumer lobby for somewhere between 50% to 75% of lay membership on the Society's council. Lay members have also been on the Society's regulatory committees for around 20 years and all now have 50% lay membership. Non-regulatory committees are predominantly made up of practicing solicitors.
"I would suggest that, even without the Solicitors (Scotland) Act 1980, which requires the Society to represent the solicitors profession and public interest in relation to the profession, a professional body of any standing has to have the ability to regulate its members to maintain its reputation, high standards, integrity and ethical standing among its client base and the wider public, alongside its representative role.
"To split a professional body runs the risk of a split profession which in Scotland has historically been known for its collegiate approach. The UK Government split regulation and representation of solicitors in England and Wales. This has been an unpopular move among solicitors south of the border and has also increased membership costs of LSEW and the SRA combined by 19% this year alone. It is a credit to the the Society's representations to the Scottish Government that our proposal to design a Scottish solution for the legal profession has met with agreement."
Notes to Editors
The Society carries out a wide range of representational work. This includes:
Law reform work
Events, seminars and CPD
Setting of education and training standards and admissions policy
Tendering and securing of the master policy for professional indemnity insurance
The ‘Find a Solicitor’ function on the website which builds off our statutory roll database
The Journal – which includes statutory notices
The Professional practice hotline
Advice on accounts rules and money laundering
Best practice guidelines
Support for training firms in setting up training contracts
Pastoral care we give to trainees
New lawyers support and engagement strategy
The Society's Brussels Office
Negotiations with the SLCC on their budget
Annual cost of time survey
Negotiation on Legal Aid rates
Negotiation with mortgage lenders
The In House Lawyers Group
Specialist accreditation
10 March 2010
FOR FURTHER INFORMATION: Please contact Val McEwan on 013 226 8884 or 07825 206468. Email: valeriemcewan@lawscot.org.uk
