We planned to preserve an independent solicitor profession and fair legal system. From 1 November 2021 to 31 October 2022, we focused on doing this through the following activities.
Key facts and figures
Influence projects
Action | Outcome | Complete/Not complete |
---|---|---|
Not proven verdict We will make sure the interests of justice are preserved in the Scottish Government's review of the three verdicts system. |
We responded to the Scottish Government consultation on the three verdicts and other reforms, indicating our opposition to the abolition of not proven or to the removal of the requirement for corroboration. Other reforms, such as changes to jury majorities or wider independent legal representation in sexual offences cases were areas that we believed further consideration could be helpful. We will continue to make these representations as we await the publication of a criminal justice reform bill by the Scottish Government in 2023. | Complete |
Overseas business opportunities We will work to ensure the legal sector benefits from the UK's new and emerging trade agreements. |
The Law Society has agreed a new international strategy for 2023 onwards. We supported the International Council for Commercial Arbitration (ICCA) 2022 in Edinburgh, helping to promote our members to an international audience, and worked with the Department for International Trade (DIT) to educate members on overseas opportunities. | Complete |
Our international position We will review our international engagement and member support post-COVID and transition to new ways of working following changes to our Brussels Office contract. |
Our new international strategy was approved by our Council in October 2022. This sets out clear objectives for our international activity and engagement, and takes account of the decision of the Law Society of England and Wales to close its Brussels Office, an operation which we had received a number of services from. | Complete |
The courts We will engage with the Recover, Renew and Transform (RRT) programme, ensuring our members’ views influence the process and that arrangements for addressing court backlogs are fit for purpose. |
We engaged regularly with the Scottish Courts and Tribunals Service and other stakeholders around managing down the court backlog through the year. A particular focus was around the use of virtual custodies as a response and we expressed our concerns at the stage that Coronavirus legislation extended the powers to conduct virtual business until at least 2023 and potentially up to 2025. We also supported the development of Evidence and Procedure Review (EPR) pilots allowing for earlier disclosure, and looked to resolve legal aid issues that might impede this work. | Complete |
Legal aid We will ensure legal aid firms are effectively supported through the changes to our courts and press the Scottish Government to create sustainable fees levels and structures on legal aid. |
Work through the year focused on the need for additional funding to address the current legal aid crisis. The number of firms providing legal aid continues to decline, even as the number of court cases increases to address the backlog developed during the pandemic period. An additional funding package of £11 million was offered by Scottish Government and will be implemented in April 2023. This comprised a 10.3% increase to civil and children's legal aid fees on a global basis, and a fee reform package for criminal legal aid fees intended to achieve the same increase overall. Initial work was undertaken on the need for an effective, periodic fee review mechanism, and on the reforms likely from the Legal Aid Reform Bill, which remains expected within the current parliamentary session. We also conducted a public-facing legal aid campaign, highlighting the lack of provision of legal aid in deprived communities across Scotland. | Complete |
Complaints handling We will work with the Scottish Government and other stakeholders to secure approval of reforms to the complaints system, and review our own processes so conduct complaints are dealt with as effectively as possible. |
Significant improvements were made to our internal conduct complaints processes over the year, including implementing new document management policies and a new Reporter’s Recommendation template. The Scottish Solicitors’ Discipline Tribunal had not yet published its consultation on its Rules, so this work will be carried forward to the 2022/23 year. The Scottish Government decided to postpone amendments to the Legal Profession and Legal Aid (Scotland) Act 2007. Its intention is to include the changes in the general legal services reform Bill to be brought forward in 2023. | Not complete |
Annual report 2022
Our annual report and financial statements for 2021/22.