Cabinet Secretary for Justice Agrees to Rights of Audience Review
Richard Henderson, as outgoing president of the Law Society of Scotland, told solicitors of Cabinet Secretary for Justice, Kenny MacAskill’s decision to hold a review of rights of audience in Scottish supreme courts, at its AGM in Edinburgh on Thursday, 28 May.
A motion had been proposed at the AGM by the Society of Solicitor Advocates to revoke the rules requiring all solicitors to discuss the advantages and disadvantages of instructing an Advocate or a Solicitor Advocate with clients needing representation in the higher courts. It was withdrawn in light of the decision to carry out a review.
Richard Henderson said: “I am very pleased that the Cabinet Secretary has agreed in principle to a review and that we have been able to inform our members at the AGM.
“It is of course at the very earliest stage, with decisions still to be made and announced by the Government on who will head the review and its scope, but are delighted that it will report early next year to allow for any legislative changes arising from the review’s findings to be considered at the later stages of the Legal Profession Bill.
“What will be key to any review is an assurance of high standards and that clients continue to have a choice of well trained, experienced and regulated legal professionals to represent them and that access to justice remains of paramount importance.”
Alayne Swanson, President of the Society of Solicitor Advocates, said: “Solicitor Advocates have been having an interesting few months since the opinions in Woodside were issued on 18 February 2009.
“The Society of Solicitor Advocates and the Law Society have supported the idea of a review from the outset and we were delighted to hear that the Government is agreeable in terms of such a review. We are confident that the review will examine robustly the professional practices of all those who appear before the higher courts. It is right and proper that the review will consider what issues may arise from the differing relationships which solicitor advocates and advocates may have to the court, clients and instructing solicitors, and whether any changes to the framework of legislation and rules are desirable to ensure the interests of justice and the public are protected.
“In these circumstances the motion which the Society of Solicitor Advocates had proposed to this meeting is unnecessary and inappropriate given the review which has been announced. It was for that reason that the motion was withdrawn.”
Mr Henderson said that he had greatly enjoyed his extended period as president of the Society as he handed over the reigns to Ian Smart as he takes up the role from today, Friday 29 May.
ENDS 29 MAY 2009
NOTE TO EDITORS
As of today, 29 May, Ian Smart takes up the role as president of the Law Society of Scotland.
A further three motions were discussed at the Law Society of Scotland’s Annual General Meeting in addition to reports on the alternative business structure debate and a new policy for educating and training solicitors in Scotland.
They included a motion before the AGM proposing a consultation on change to the Society’s constitution. Proposals for a new constitution will now be put to the 2010 AGM.
A motion deploring the decision by Abbey to remove solicitors from its panel of approved solicitors for mortgage transactions and calling for a reversal of the move was also passed.
An amended motion proposing a reduction is the practising certificate was passed. The final figure for next year’s fee will be put to the Society’s SGM in September.
