Society bulletin

WS Chief Executive says Law Society can no longer represent as well as regulate solicitors. Writing in the Firm magazine, Robert Pirrie says that the changes proposed by the Legal Services (Scotland) Bill make it untenable for the Law Society to both regulate and represent solicitors, particularly if the Law Society proposes, as it does, to also regulate and represent non-solicitor owned legal services providers, i.e., alternative business structure (ABS) providers. Robert Pirrie writes:

“I write this having been a Scottish solicitor since 1981. I do not think for a moment that the introduction of ABS and more accountable regulation is a problem for solicitors… But there is a problem for the Law Society as currently structured. My contention in this article is that the Bill as it stands will perpetuate the Law Society’s confusion of purpose to the detriment of Scotland’s independent legal profession and the reputation of Scotland’s legal system.”

As an alternative form of representation, Robert Pirrie refers to the position before the Law Society was created in 1949 (following the English model) and suggests a modernised version of this could be the answer today. He suggests a co-ordinating council of Scotland’s independent legal bodies – a Council of the Law Societies of Scotland. He argues:

“Each solicitor and law firm would have the freedom to affiliate to an independent, representative body suitable to their individual business needs, and to participate in a collective representation of their independent profession.”

A constitutional framework would need to be devised for the council which would include bodies such as the WS Society, Royal Faculty of Procurators of Glasgow, SSC Society, Society of Advocates in Aberdeen, Glasgow Bar Association, and local faculties.

For the full text of the article go to: