Top of the agenda

ABSs in our sights

The Society has been focused for some time on the impact of alternative business structures on the Scottish legal services market, and the issue remains firmly on the agenda. Through a working group, we continue to monitor the progress of the Legal Services Bill – which contains the ABS proposals for England and Wales – in the House of Commons and the House of Lords. Indeed, we note with interest that the bill has been amended in the Lords to include a provision that requires the Lord Chancellor to commission an independent report on the impact of ABSs before they are introduced.

Alongside that, we are still seeking to work with the Scottish Executive to take forward the Report of the Research Working Group on the Legal Services Market in Scotland. Cross-border issues are also likely to be discussed when I represent the Society at the 129th annual meeting of the American Bar Association in San Francisco this month to discuss matters of mutual interest and concern.

However, it is essential that the Society develops a view on the options for ABSs after consultation with the profession. With that in mind, a conference has been arranged to take place in Edinburgh on 28 September to debate the options and find out what the profession wants. This is an extremely important issue for the future of the profession and I would encourage everyone to attend the conference to ensure the broadest possible involvement of practitioners in developing policy proposals that will benefit all concerned.

An OFT-repeated theme

There was much media coverage at the beginning of this month when the Office of Fair Trading gave its view on business structures and the legal services market following a complaint. In doing so, it endorsed the work of the Society in consulting with the Scottish Executive, the profession and other stakeholders. It is certainly true that the Society has been working hard to encourage that debate – not only in organising the September conference, but also at the recent event for Scots solicitors in London. The Society is grateful for views on how Scotland’s legal profession can thrive in today’s global marketplace – however, any change must be tailored to Scottish needs, as recognised by the OFT.

The Society remains mindful of the potential impact of reforms on high street practices and the extent to which firms in rural areas would remain economically viable if the range of legal services they could provide was reduced because of “cherry picking” and the introduction of “supermarket” prices. Equally, we are aware of the business opportunities for the large firms and the need for a level playing field. The Society will continue to insist that the market is not reshaped without due consideration to the profession and public in Scotland, particularly in relation to providing effective regulatory mechanisms that can guarantee the highest standards of service and consumer protection.

Standards advance

The Society’s Standards Working Group also continues to drive forward. It remains committed to setting clear and enforceable standards for the benefit of both solicitors and their clients.

To that end, we are to establish a reference group of non-lawyers to test the draft standards and provide valuable feedback. The list of invitees is suitably comprehensive and diverse, including consumer and regulatory interests as well as a broad range of other stakeholders to ensure all views are taken into account.

The intention is for the reference group to have its initial meeting towards the end of August.

I have no doubt that the Society’s equality and diversity survey, which was covered in last month’s Journal, will also help to raise standards in the profession and I would remind members that a full copy can be obtained from Neil Stevenson at Drumsheugh Gardens or downloaded from our website. Reading the report reminded me of the benefits of treating equality and diversity seriously, not simply for sound ethical reasons, but also because of the benefits it can bring to firms, in attracting and retaining the best available talent and improving accessibility for clients. The response rate to the survey was excellent and I would urge firms and practitioners to contact the Society with their experiences, as requested by Neil in last month’s article.

At the time of writing, the weather remains as fickle as might be expected from a Scottish summer. That being so, I hope everyone is able to take a well-earned break and recharge their batteries for the months ahead.