New powers ‘will improve regulation of legal services’ – Daily Business

New legislation will strengthen the Law Society of Scotland’s ability to regulate the legal profession and aims to provide more protection for consumers.

Following its final approval by the Scottish Parliament today, the Regulation of Legal Services (Scotland) Bill will see the Law Society continue as the independent regulator of Scottish solicitors, while gaining new powers to act in the public interest. 

These include broad regulation of legal businesses and the ability to investigate complaints against solicitors more quickly. The Law Society will also have increased powers to suspend solicitors from practice. 

A new legal offence of pretending to be a lawyer an ensures the independence of the legal profession and regulatory processes.

David Gordon, lay convener of the Law Society of Scotland’s regulatory committee, said: “It has taken a decade of campaigning by the Law Society to reach this point. The legislation delivers long overdue changes that allow us to be a faster and more effective regulator and provides for more robust consumer protections.

“The existing regulatory framework, governed largely by legislation over 40 years old, has quite simply not kept pace with the huge changes in the legal services sector and consumers’ expectations. We have an overly complex system, but one that leaves the Law Society without powers that many other regulators have to take action to protect the public interest when needed. 

“Currently anyone, even those with no legal training or qualifications, could call themselves a lawyer and charge for legal advice. This unrestricted use of the title ‘lawyer’ poses a significant risk to consumers who may not differentiate between a ‘solicitor’ and a ‘lawyer’ and could potentially be misled and, if something goes wrong, may have no proper course to redress.

“Of course there is a huge amount of work ahead, but today marks a major milestone in our journey towards a modern, responsive regulatory system that not only boosts public protections, but enhances the reputation of Scottish solicitors and other professionals working within a well-regulated Scottish legal sector.”

Susan Murray, president of the Law Society of Scotland, added: “The new legislation will assure a regulatory system that is fit for the 21st century, delivering tangible benefits for our clients and creating new opportunities for our members to thrive.”

The Scottish government said the new legislation benefits the legal profession by simplifying regulatory structures and promoting innovation and competition, intended to increase access to justice. Also, by removing restrictions on third sector bodies, it aims to help charities better support the most vulnerable in society. 

The legislation ensures regulation remains “independent and fair” after amendments to the bill either removed the perceived threat of political intervention entirely or transferred the powers to the Lord President as the head of the justice system.

Minister for Victims and Community Safety Siobhian Brown said: “The Bill is about improving the everyday experience of people who need legal help and ensuring that legal services are delivered in a way that is fair, equitable and accessible for all and making it better equipped to serve the people of Scotland in an ever-evolving legal landscape.

“The journey of this Bill has been a rigorous and collaborative process, involving extensive consultation, including with the legal sector and consumers, to ensure it reflects the interests of all those who interact with the legal system.”