Call for inquiry into lawyers' court role

Published on Thursday 5 March 2009 21:06

A REVIEW of the rules governing who can appear in Scottish courts should be set up, lawyers said yesterday.

The Law Society of Scotland said the Scottish Government should conduct an investigation in light of concerns raised by Lord Gill during a recent case. The Lord Justice Clerk was critical of the conduct of solicitor advocates in a murder appeal and questioned the system that allows them to represent their clients in higher courts.

The Law Society has now asked Kenny MacAskill, the justice secretary, to instigate an independent review of the rights of audience.

It wants a non-lawyer to look at the arrangements in the High Courts and Courts of Session in time to make recommendations in spring next year.

Richard Henderson, the president of the Law Society, said: "It's right that after almost two decades, there should be a review of how the system works overall.

"What will be key to any review is an assurance of high standards and that clients continue to have a choice of well-trained, experienced and regulated legal professionals to represent them.

"The changes to the law in 1990 extended choice for clients, and we think a review at this point would highlight if or where changes should happen."

The Scottish Government said it would consider the request.