Friday, January 31, 2014

DO IT OUR WAY OR NOT AT ALL: Law Society of Scotland’s Fair Access to the legal profession report claims to make it easier to become a Scottish solicitor

Qualification as a solicitor in Scotland is strictly controlled by the Law Society. AMID accusations the Law Society of Scotland have traditionally made it difficult for solicitors & barristers qualified in England & Wales to practice law in Scotland, and added to that, making life difficult for anyone the Law Society may suspect as having ideas of independence from it’s iron grip, a “wide-ranging action plan” aimed at making the route to qualification as a solicitor as fair as possible has today Friday 31 January been approved by the Law Society of Scotland's Council.

The action plan, which spans two years, is based on the 21 recommendations of the 'Fair Access to the Legal Profession' report. The recommendations include: the launch of a Street Law project in schools to help raise pupils' aspirations; a focus on making access to legal internships fairer; and a re-evaluation of the alternative route to qualification to ensure it meets the needs of legal employers and those wishing to access the profession.

Fair Access to the legal profession report- a bit of hit & miss. The report is the culmination of six months of Bruce Beveridge research into all elements of the route to qualification as a solicitor from schools careers advice to qualification into the solicitor profession and beyond.

The Society has worked closely with the Campaign for Fair Access to the Legal Profession, the Scottish Young Lawyers' Association, and the Trainee and Newly Qualified Society amongst other organisations throughout this process. Additional resources will be recruited by the Society to implement the plan.

Bruce Beveridge, President of the Law Society of Scotland, said: "This is an important issue for the profession today and for the future. It is vital that the profession is open to as wide variety of people as possible and that we maintain excellent standards in education and training.  We are committed to examining all aspects of the route to becoming a solicitor, and ensuring that where there are barriers, these are challenged, working with government and others as necessary."

Wednesday, January 29, 2014

Scottish Parliament Petition asking for declaration of secret society membership by decision makers - withdrawn by petitioner, then closed by Committee

Withdrawn to be filed again at a later date – petitioner Mr Minogue. A PETITION to the Scottish Parliament calling on decision makers including judges & tribunal members to declare their membership of secret organisations which attained 3,106 public signatures from Scotland and around the globe including key support from Scots & international legal academics was withdrawn on Monday of this week, only to face a vote and be closed at the Petitions Committee of the Scottish Parliament the next day after a wrangle over submissions and discussion as to how the Public Petitions Committee should proceed.

Petition PE01491 filed by transparency campaigner Thomas Minogue of Dunfermline, Fife “called on the Scottish Parliament to urge the Scottish Government to amend the law or codes of practice to make it compulsory for decision makers such as sheriffs, judges, and juries at their courts, arbiters, and all panel members of tribunals that are convened and held in Scotland and governed by devolved legislation, custom and practice, to declare if they have ever been members of organisations, such as the Masons, that demand fraternal preference to their brethren over non-brethren, or organisations which have constitutions or aims that are biased against any particular sect, religion or race.”

Footage of the debate at the Public Petitions Committee:

PE1491 secret society membership declaration by decision makers, Holyrood 28 Jan 2014

More on how the petition was withdrawn by Mr Minogue, then apparently closed by the Petitions Committee the next day, can be found on Mr Minogue’s website HERE SLR has previously reported on the petition HERE

Law Society says Traineeship numbers "relatively steady"

Traineeships steady claim Law Society of Scotland. Commenting on the publication of the number of traineeships started in 2012/13, Katie Wood, manager in the Law Society of Scotland's Registrar's team, said: "The number of people starting training contracts has been relatively steady for the past three years and with a slight 3% decrease in practice year 2012/13 compared with the previous practice year, people looking to start traineeships can expect a continuing high degree of competition, but perhaps not at the level of 2010. 

"These statistics are a useful indicator for people considering the next step in pursuing a career as a solicitor, in particular those thinking of doing a Diploma in Professional Legal Practice or currently on the Diploma and seeking a traineeship. 

"It's interesting to see a 3% increase in the number of trainees working in-house as there are varied career opportunities in commercial organisations. The Law Society and the In-House Lawyers Group have been working together to promote the number of in-house traineeships and I was delighted to be invited to take part in the panel session at the group's conference in October as part of this initiative.  

"We also recently published Taking on a Trainee, which is a factual look at what's involved and have published articles busting some of the myths about having a trainee. I would encourage anyone interested in taking on a trainee to look at the information we have provided on our website.

"We offer careers support to students and trainees in a number of ways, from a recently launched mentoring scheme, to visiting first, third and fourth year LLB students and those on the Diploma to ensure that people have the facts to help them make the best career choices for their circumstances."

Tuesday, January 28, 2014

TWITS IN: Troubled times at Scots law firms as solicitors take to social media, twitter in bid for fame, money & insults

Insults included - Law Society says members are turning to social media. NEW FIGURES from the Law Society of Scotland have shown that more solicitors are using social media platforms professionally with usage particularly strong amongst younger lawyers and those working in larger firms. Research by the Law Society of Scotland found that LinkedIn was the most widely used social media channel by Scottish solicitors, followed by Twitter and then Facebook, where solicitors regularly insult each other with terms so explicit it cannot be published.

Whilst a third of solicitors are still not using any of the top three social media platforms in their professional lives, the figure has fallen considerably in the last 12 months.

Ipsos MORI carried out the research on behalf of the Law Society in December, interviewing over 500 solicitors working in firms or in-house for organisations across Scotland.  A similar poll was carried out last year.

Of those polled, 54% said they used LinkedIn, up from 42% last year, with 19% using Twitter, an increase from 15% the year before.  Facebook showed a decline in usage, down from 19% last year to 15%.

However, usage of social media varies considerably within the profession. It is particularly high for younger solicitors with 71% of lawyers under 34 using Linked-In and 27% using Twitter, way above the profession wide average.

There was also a big gender gap on Twitter use, with 25% of female solicitors using the platform compared to just 16% of men.

Solicitors working in big firms are more likely to use social media, with 80% using Linked-In and 30% using Twitter compared to just 38% and 13% respectively for lawyers in smaller high street practices.

In-house lawyers in the public sector were among the least likely to use social media with 65% saying they do not use any platform at all, followed by those working in the criminal bar and those working in domestic property law.

Lorna Jack, the Society's chief executive, said: "As an active user of social media myself, it is encouraging to see how more and more of the profession are using these platforms in their professional lives.  Within the space of a year, usage has increased markedly and it is a trend we fully expect to continue.

"In fact, we offer an online course about social media in the workplace and issued guidance about social media use for solicitors, to keep them on the right side of the law.”

"At the Society, we are active across LinkedIn, Twitter and Facebook, not just so we can get out news and information on events but also so we can engage with members, hear what they think and respond to the issues they care about."

Ipsos MORI carried out the research of 583 members of The Law Society of Scotland between November and December by telephone survey. Previous surveys were carried out in 2011 and 2012 and aim to explore members' perceptions of the Society, the services it provides and priorities for the future. It also asks solicitors about their economic outlook and how well the Society communicates with them.

Monday, January 27, 2014

PATENTLY BAD: Failure to maintain local patent court could damage business, reduce fee income for Scots solicitors says Law Society

We want patent business in Scotland – Law Society. ON the subject of looking for new avenues of business, the Law Society of Scotland has warned that a failure to maintain a dedicated patent court in Scotland risks damaging Scottish business and could hit businesses which rely upon patents to protect valuable technologies and innovation. The Law Society is lobbying MPs to amend UK legislation to ensure Scottish inventors and businesses can continue to enforce or defend their intellectual property rights in a Scottish court.

The Intellectual Property Bill, once enacted, will pave the way for establishing a new patent court system in the UK. The Bill provides for (up to four) possible local divisions of the new Unitary Patent Court, but none are currently planned for Scotland.

At present, inventors and businesses in Scotland can litigate their patent rights in the Court of Session. The Law Society wants this right to remain. The Society has therefore recommended that the legislation is amended to ensure that the three separate legal jurisdictions in the UK - England & Wales, Northern Ireland, and Scotland - are each granted a patent court under the new system.

Gill Grassie, member of the Law Society of Scotland's Intellectual Property Committee, said:"The Law Society is in my view rightly concerned that failure to secure a local divisional patent court in Scotland could damage Scottish businesses, which would no longer have an effective local option available to protect their patent rights. They would instead be forced to litigate or defend their position elsewhere in the UK or Europe.

"This would inevitably result in increased costs and inconvenience for inventors and businesses seeking to defend their patent rights. It is vitally important to our economy that a means to maintain and protect patent rights, as valuable intellectual property, is easily and locally accessible and affordable."

SNP MP Pete Wishart said: "Crucial Intellectual Property Rights are imperative in underpinning a successful economy and Scotland will undoubtedly suffer if we can't determine our own patent issues in Scotland. As well as depriving Scotland of centuries of experience in resolving these cases according to Scots law, Scottish-based businesses will have to defend themselves and litigate outside of Scotland in different jurisdictions creating all sorts of extra costs and inconvenience.I have supported and argued for a European wide Unified Patent Court but this cannot come at Scotland's expense. It is almost beyond belief that the UK Government has once again overlooked Scotland when it comes to such critical issues for Scotland's inventors and creators and they must put this right as the bill passes through Parliament. The Government must ensure that Scotland does not lose out."

The House of Commons committee stage will take place on 28 January 2014.

The Intellectual Property Bill, once enacted, will pave the way for establishing a Unitary Patent Court system in the UK. The Bill can be viewed here

The Intellectual Property Bill, as currently drafted, does not place any obligation on the Secretary of State to consider or confer divisional local jurisdiction on the High Court in England and Wales, the Court of Session Scotland or the High Court in Northern Ireland.

The Society has submitted an amendment to MPs, which would ensure that Scotland, England and Wales, and Northern Ireland are each granted local divisional court jurisdiction under the new Unitary Patent Court system.

The Law Society of Scotland's amendment can be viewed here (yummy mummy, where’s the honey – Ed)

Saturday, January 25, 2014

BBC Scotland’s Lawyers Behaving Badly reveals solicitors guilty of misconduct are still benefiting from MacAskill’s £151m a year legal aid pot

Self Regulation by the Law Society of Scotland has failed profession & clients. THE fact is, regulation of the legal profession by the Law Society of Scotland, the Scottish Legal Complaints Commission and the Scottish Solicitors Discipline Tribunal does not serve any purpose of protecting the profession from bad apples or giving the client a fair hearing enabling proper and full closure of complaints.

All self regulation of the legal profession has achieved in Scotland is to centre extraordinary power at the Law Society’s Drumsheugh Gardens HQ in Edinburgh. It is no use pretending the profession is clean, and it is no use trying to blame someone else for a problem of the profession’s own creation. Over then to BBC Scotland for their investigation of Lawyers Behaving Badly.

BBC Scotland investigates Lawyers Behaving Badly Part 1

BBC Scotland investigates Lawyers Behaving Badly Part 2

Lawyers Behaving Badly: Firms employing misconduct solicitors still get legal aid

By Samantha Poling Investigations correspondent, BBC Scotland

The BBC investigated lawyers who had been found guilty of professional misconduct

Law firms with solicitors who have been found guilty of professional misconduct are still receiving millions in legal aid, according to a BBC investigation.

It found that 33 solicitors guilty of misconduct such as dishonesty, are working for firms eligible to claim public funds through legal aid cases.

Four solicitors were found to have deliberately misled their clients.

The Law Society of Scotland, which regulates solicitors' conduct, said it was doing its job properly.

The programme - BBC Scotland Investigates: Lawyers Behaving Badly - found one solicitor was convicted of domestic abuse and assault and another who was on the Criminal Legal Aid register despite a conviction for embezzling court fines.

The investigation revealed that 22 solicitors had findings of professional misconduct but remained on the Criminal Legal Assistance Register.

For civil law cases, a total 22 firms which employed solicitors found guilty of professional misconduct remained on the legal aid register.

The list included the firm Robertson and Ross, which was banned from the Criminal Legal Assistance Register by the Scottish Legal Aid Board, for submitting fake travel claims totalling more than £220,000.

Robertson and Ross issued a statement saying it was an ex-employee who claimed fake travel expenses and the full amount was repaid.

They said "neither the firm or any current member/employee has any formal finding of dishonesty against them", and said the firm should remain on the Civil Legal Aid Register.
'Bad apples'

The BBC also discovered that three firms on the Civil Legal Aid Register employed solicitors who had been disciplined for the way they handled legal aid cases.

Combined, the firms received almost £7.5m last year from the £150m Scottish Legal Aid budget.

Professor Julian Webb, from Warwick School of Law, said: "One can always say, and I think the profession's defence on this one is, what we are dealing with is the bad apples, that the system at root is not necessarily a bad one.

"Most solicitors, certainly, I don't think, go into the profession with the intention of being dishonest or defrauding clients."

He added: "Whether the structures are sufficiently robust to capture or catch those bad apples and catch them early enough, I think certainly in the Scottish examples, is a really moot question."

The Scottish Legal Aid Board said they monitored solicitors and acted decisively where they could, such as when the Legal Aid fund was abused or when their code of practice was breached. But it was not their job, they said, to regulate the legal profession.

A spokesman said the cases that involved solicitors convicted of domestic abuse and of embezzling fines did not result in them being struck off the professional register.

He said the Scottish Legal Aid Board did not have the power at that time to remove the solicitors from the register.

"In the cases where a solicitor was convicted for assault and the clerk of court was convicted for embezzlement, the Scottish Solicitors' Disciplinary Tribunal determined in 2001 and 2004 respectively that neither offence was sufficiently serious for either solicitor to be struck off," the spokesman said.

"At that time, as well as the general regulatory powers and functions in relation to solicitors, the Law Society of Scotland alone exercised the statutory power through Section 31 of the Legal Aid (Scotland) Act to exclude a solicitor from undertaking legal aid and representing legal aid clients. They did not exercise this power."

He added: "Solicitors undertaking criminal legal aid must register with us, and we have powers to de-register a solicitor from criminal legal aid work where we have evidence of abuse of the legal aid fund or breaches in our criminal Code of Practice.

"Where appropriate, a report is sent to the procurator fiscal, who makes a determination on whether to prosecute or not. This is not a matter for the board."

The system of regulating solicitors in Scotland falls between the Scottish Legal Complaints Commission, which deals with service complaints, and the Regulation Committee of the Law Society of Scotland, which deals with complaints about conduct.

The Law Society of Scotland has a dual role of representing solicitors and regulating their conduct, which has led to accusations of a lack of robustness.

Carole Ford, the lay convener of the Law Society's regulation committee, said: "The Law Society looks only at conduct issues.

"It is not looking at any other aspect of complaints and the Law Society's system is overseen. The Scottish Legal Complaints Commission has oversight of what the Law Society does. There is absolutely no doubt that the Law Society is doing its job properly."

Andrew Hopper, who is both a solicitor and Queen's Counsel, has worked mostly on cases involving professional regulation and discipline in relation to solicitors for the past 25 years. He said it was "unsettling" to find cases where findings of dishonesty were made but no strike-off followed.

He said: "It's unsettling for the profession as well as the public. If you have a concept that you can have solicitors who have been found to be dishonest continuing in practice, that affects the reputation of the whole profession.

"It is disturbing, it creates a two-grade profession and it is dreadful to my mind for the reputation of the whole profession that this should have been able to occur."

The Scottish Solicitors Discipline Tribunal, which struck off nine solicitors last year, insisted the system was robust.

They told the BBC they were always concerned if a solicitor was found guilty of dishonesty. But they said they would have to assess the extent to which anyone had suffered as a result of that dishonesty before taking a decision to strike off.

Thursday, January 23, 2014

LETTING CROOKS: Law Society lobbies MSPs against proposals to regulate solicitors connected to Scotland’s ‘widely corrupt’ letting agent sector

Against regulating solicitors who turn out to be secret landlords of multiple properties – Law Society. THE Law Society of Scotland bhas today urged MSPs to rethink proposals to regulate ‘widely corrupt’ letting agents sector, where tenants have encountered systemic problems with rogue landlords, rogue letting agents and solicitor landlords who in some cases have hidden their ownership of multiple properties through offshore trusts and dummy companies.

Adamant the legislation should not go through, the Law Society claim that as drafted, the proposals will create an unnecessary dual regulatory regime for those solicitors who undertake letting agency work.

The Housing (Scotland) Bill proposes to require Scottish Ministers to establish and maintain a register of letting agents and grants them the power to issue a code of practice. Proposals also provide Scottish Ministers with the power to remove a registered letting agent from the register if they are satisfied that the person is no longer a fit and proper person to carry out letting agency work

The Law Society considers it unnecessary to include solicitors in this new regime, as they are already subject to stringent rules of admission and practice and detailed rules covering professional ethics and conduct.

After giving oral evidence on the bill at the Scottish Parliament today, Wednesday, 22 January, Michael Clancy, Director of Law Reform at the Law Society said: "We believe the proposals need a rethink. Although we support the government's attempt to regulate the letting agent industry, we don't think it makes sense to include solicitors in this new regime. Solicitors in Scotland are already subject to stringent rules of admission and detailed practice rules covering professional ethics and conduct and many other aspects of practice.”

Clancy, nicknamed “Access all Areas” for his abundant contact with MSPs who disappear after a trip to his office, continued: "Solicitors are subject to a comprehensive system of regulation, which far exceeds the measures proposed for letting agents. There are also a range of consumer protections already available for those who use solicitors; for example, solicitors are subject to an independent, statutory complaints body, the Scottish Legal Complaints Commission. Furthermore, under the Solicitors (Scotland) Act 1980, the Law Society of Scotland maintains a wide set of public protections including the Master Policy for professional indemnity and the Scottish Solicitors Guarantee Fund, which provides compensation in the event of dishonesty.”

The Society has also recommended that the system for non-solicitor letting agents is made more robust as there is no detail in the bill about letting agents' qualifications or training, nor the rules which will govern their practice. There are also no details about a system of complaint or redress.

"We think the bill could be more robust; for example, by providing a system of complaint or redress for the consumer. The bill could also set out the required qualifications or training for non-solicitor letting agents. We look forward to working with the Scottish Government to improve the bill."

Part 4 of the Housing (Scotland) Bill creates a register of letting agents and requires letting agents to register operating as a letting agent without registration is a criminal offence.

The Housing (Scotland) Bill can be viewed here

The Law Society of Scotland's written evidence on the Housing (Scotland) Bill can be viewed here

Michael Clancy, Director of Law Reform at the Law Society, gave oral evidence to the Scottish Parliament's Infrastructure and Capital Investment Committee on Wednesday 22 January (yuk, no one wants to see that! – Ed)

Tuesday, January 21, 2014

FRESH PICKINGS: New Law Society poll shows Scottish solicitors more upbeat on economy than public

Clients wallets just got thinner thanks to fresh pickings – Law Society. SCOTTISH solicitors start 2014 with mixed views when it comes to the economy but are more optimistic than the public as a whole, according to a new poll by the Law Society of Scotland. The Society commissioned polling organisation Ipsos MORI to survey over 500 solicitors from across the profession in December.

The results showed that 46% of solicitors expect the Scottish economy to improve this year. 37% thought economic conditions were likely to stay the same with 10% saying the economy will worsen. 7% did not know.

The results for solicitors were significantly more optimistic when compared to similar figures for the public as a whole. Ipsos MORI found that 32% of the public thought the economy would improve, 37% saying it would stay the same and 27% expecting the economy to worsen.

The poll of solicitors also highlighted different views within the profession:

  • Solicitors working in big firms were most optimistic with 54% expecting the economy to improve this year compared to only 43% of solicitors in smaller high street firms and 42% of in-house lawyers.
  • Only 35% of lawyers practising legal aid were optimistic an improvement in the general economy.
  • Solicitors in Aberdeen and Perth were the most optimistic (63% in both cities expect to the economy to improve) with solicitors in Dundee the least optimistic (40%).
  • Property lawyers were the most optimistic by area of work, with 69% of commercial property lawyers and 56% of domestic property lawyers expecting an improvement. Those working in employment law and in taxation and executry work were also more positive about the economy. Lawyers working in civil and criminal litigation were the least optimistic with only 35% predicting the economy will improve.

Commenting on the figures, Lorna Jack, chief executive of the Law Society said: "It is encouraging to see almost half the solicitor profession expecting the economy to improve this year, markedly more than the Scottish public as a whole. There is also some particular confidence and optimism in some key sectors, notably for those working in property law and within our larger firms.

Jack continued as she does: "We know the effects of the recession are still being felt and that the further tightening of public budgets is likely to impact further. However there is much to suggest the solicitor profession has been robust in weathering the economic storm. We have as many practising solicitors as we ever have. The number of unemployed lawyers has remained relatively small compared to some other jurisdictions. Trainee numbers are recovering from the sharp downturn of three years ago and we are still seeing a steady stream of people being admitted to the profession.

"Whilst fee income in legal firms has taken a hit, figures last year showed some firms have seen profits bounce back. Our new cost of time survey, which will be published in the next few months, will provide another useful barometer on the economic health of the profession.

"At the Law Society, we want to provide practical assistance to our members where we can. As part of our corporate plan this year, we've looking at new support for unemployed solicitors and are updating our guidance on surviving the downturn. We are also offering specific support for high street and legal aid practices ones who appear to have the greatest reservations about economic prospects in 2014."

The polling results came from the Society's annual survey of members' views using Ipsos MORI. Further results will be published over the coming weeks (after the figures are dressed up a bit! – Ed)

Wednesday, January 15, 2014

LOVE US OR ELSE: Law Society of Scotland statement on BBC documentary "Lawyers Behaving Badly"

Law Society tells beeb how great it is before complaints secrets hit screen. IN response to the forthcoming BBC Scotland investigation – Lawyers Behaving Badly, the Law Society of Scotland has mounted a press offensive to portray the Scots legal sector as a collection of fluffy cuddly animals who are integral to the survival of mankind, society and the universe as we know it.

Solicitors as we all know (haha – Ed) play a crucial role in our society and our economy, helping thousands of people and businesses with the widest spectrum of legal issues. The evidence shows that the public have confidence in Scottish solicitors. In a major poll of Scottish public opinion by Ipsos MORI, 87% of people who had used a solicitor said they were happy with the service received. Over three quarters said they had trust in the profession as a whole recognising that they work hard to help people deal with difficult situations. We do not take this position for granted.

We recognise the interest which BBC Scotland has shown in the whole system of regulation and appreciate its focus in ensuring strong systems are in place to protect clients in the relatively few occasions when things go wrong.

That is why we sought to be as helpful as possible to the production team over the last three months as they prepared their documentary. We provided a host of background information and ensured the non-solicitor convener of our regulatory committee, Carole Ford was available for an interview which lasted well over one hour.

Individual cases and recent reforms

In highlighting some of the most difficult and complicated cases, we do not believe the BBC gave sufficient weight to the major reforms to legal regulation in Scotland over recent years. Indeed the specific cases raised by the BBC all predated these reforms.

Since the system was overhauled in 2008, we have a clear system of co-regulation in Scotland, with different organisations undertaking different roles. You now have an independent and separate Scottish Legal Complaints Commission (SLCC) which receives complaints from the public and decides which should be admitted for investigation. We are surprised the BBC decided not to carry any interview with the SLCC as part of its documentary, given the critical role it now plays in the regulation system.

There is also a separate and independent discipline tribunal, involving solicitors and non-solicitors, to decide in serious cases of wrongdoing. The Law Society is responsible for setting standards, providing training and support and setting clear and robust tests for those wishing to enter the profession. We also proactively inspect firms, investigate conduct complaints passed to us by the SLCC and intervene in firms when there is a critical need to do so.

There is also clear oversight and control of our own regulatory work as well as redress for consumers whenever they think we get it wrong. Within the Law Society, every single regulatory sub-committee is made up of solicitors and non-solicitors from outwith the legal profession altogether in order to ensure the public interest features in each and every decision.

The SLCC has oversight powers for our own complaints handling and our guarantee fund and people can make a handling complaint to the SLCC if they are unhappy with how we have dealt with their case. People can also take an appeal directly to the independent discipline tribunal and ultimately take action against us to the Court of Session

Legal aid

Part of the broadcast focused on the issue of the criminal and civil legal aid registers. The BBC has raised concerns over a number of solicitors who have had findings of professional misconduct against them and are on the legal aid register.

In each of the cases mentioned, the Society did act properly, investigating the complaints thoroughly and taking action to the independent Scottish Solicitors' Discipline Tribunal. It is only because of the actions of the Society and our evidence gathering that the findings of misconduct were made against the solicitors involved. However, it is always a matter for the independent tribunal to decide what action is taken against a solicitor found guilty of misconduct, whether that be a fine, censure, restriction, suspension or strike off. In these cases, the tribunal chose not to strike off the solicitor concerned.

It is the Scottish Legal Aid Board and not the Law Society of Scotland which maintains the legal aid registers. Whilst the Board has the ability to remove a solicitor from the register, the Society has no such power other than through the civil legal aid quality assurance scheme where a poor service has been provided by the firm directly to clients.

In cases involving the abuse of legal aid money, we are dependent on the Board in making a conduct complaint through the Scottish Legal Complaints Commission for us to investigate and, where necessary, take to the discipline tribunal.

Regulation in England and Wales

We think it would be wrong to look at the system of regulation in England and Wales as a model to follow here in Scotland. There is much evidence to suggest the system there is more complicated, bureaucratic and expensive. The chair of the Legal Services Board in England and Wales even described that system as "over engineered and exceptionally complex".

The Scottish Government looked at that model when it reviewed the whole regulatory system in 2009 and ultimately rejected it. Indeed, so many concerns have been raised that the UK Ministry of Justice ran a public consultation on how the system in England and Wales could be simplified. We were surprised that the BBC made no mention of these concerns or the recent calls for reform.

The Scottish regulatory system

The regulation of solicitors in Scotland is similar to that in Ireland, north and south, and in many states and provinces in the USA and Canada. Other professions in Scotland, including accountants with ICAS, chartered surveyors and RICS and teachers and the General Teaching Council, operate to a similar system of regulation.

That is not to say the current system here in Scotland is perfect. It isn't and we have been working with government, consumer groups and the SLCC to review a series of possible reforms which we believe could help make the system of regulation even stronger. That should not detract though from the core of the system which is built around the public interest and protecting clients.

The Law Society of Scotland has been in involved the regulation of solicitors and has worked in the public interest for almost 65 years. We take our responsibilities extremely seriously and will continue to work hard to maintain the highest possible standards of professionalism from Scottish solicitors and ensure they remain the respected and trusted advisors of choice.

If you are solicitor with any further questions on these matters, please contact the regulation team on 0131 476 8131.If you are a member of the press or public, please contact the Law Society's communications team on 0131 226 8884 or 0131 476 8115.

To learn more about the work of the Society, please visit the A to Z of what we do section of our website or follow us on Twitter (with all the other twits – Ed)