Members of the public would support restrictions on who can refer to themselves as a lawyer.
There are current and long standing legal restrictions on who can call themselves solicitors or advocates. However, there is no such restriction on the use of the term lawyer with any person able to use that title, even those without any legal education.
The Law Society of Scotland is calling for the term ‘lawyer’ to include only those who have recognised legal qualifications and are regulated, as is the case for solicitors and advocates. Its recommendation is backed by new independent research, which has found that almost nine out of ten Scottish adults (87%) think there should be restrictions on who can describe themselves as a lawyer. The findings follow on from previous research which highlighted that nearly two-thirds of consumers (63%) did not recognise the difference between a solicitor and a lawyer.
Law Society of Scotland President Graham Matthews has warned that a lack of clarity may mean consumers are unaware that they are seeking advice from an unregulated legal adviser rather than a fully qualified, insured and regulated Scottish solicitor.
He said: “The terms solicitor and lawyer are often used interchangeably, with a public perception that all lawyers are fully qualified and regulated However, it is not necessary for someone to have any kind of qualification, knowledge or experience in law or to be regulated to be able to call themselves a lawyer – while all solicitors can be referred to as lawyers, not everyone who calls themselves a lawyer is entitled to call themselves a solicitor.
“A Scottish solicitor must complete many years of legal study, gain the necessary qualifications, undertake a two-year traineeship and professional training every year and comply with a code of ethics and the Law Society’s rules and guidance, giving the public reassurance and confidence in their professional standards and abilities. We know from research carried out in 2014 that the vast majority of people – at 95% of those surveyed - consider their solicitor to be trustworthy.”
The Law Society has also said that the current review of legal services presents an opportunity to fully assess the scope of the unregulated legal sector in Scotland.
Graham Matthews said: “It is important that everyone who needs legal advice finds the right professional for their particular circumstances safe in the knowledge that there are public protections in place in the unfortunate event of anything going wrong. While substantially less than 1% of solicitors’ work results in any kind of complaint, consumers are assured that there are clear processes in place to be able to seek redress if necessary.
“We have an opportunity to find out just how widespread the unregulated legal sector is in Scotland while the legal services review is ongoing. We will be urging the independent review to recommend reforms to make sure that all those who seek legal advice are afforded proper protections.
The Find a Solicitor search tool on the Law Society’s website allows people to search by area of law or location and to verify the status of their solicitor.
- 'Lawyer’ is a generic rather than a protected term and can be used by anyone, regardless of qualification, experience or regulation. Solicitors in Scotland are regulated by the Law Society and advocates by the Faculty of Advocates.
- Research carried out in 2016 by Ipsos MORI on behalf of the Law Society found that 63% of consumers did not recognise the difference between a solicitor and a lawyer.
- Research carried out in October 2017 by ComRes on behalf of the Law Society showed that 87% of respondents agreed there should be restrictions or requirements on who can call themselves a lawyer.
- ComRes interviewed 1,000 Scottish adults online between the 16th and 25th October 2017. Data were weighted to be representative of all Scottish adults aged 18+ by age, gender, and region. ComRes is a member of the British Polling Council and abides by its rules. Full data tables are available at www.comresglobal.com.