Jennifer Veitch: Have your say in debate on state of the profession

Published on Sunday 23 November 2008 19:41

EVEN if it was possible to forget about the recession, there has been no shortage of challenges facing lawyers and those who depend upon their services.

Tonight, Scotsman readers will have a rare opportunity to ask a panel comprising some of the key figures in the profession – and those tasked with keeping a close eye on what it is getting up to – what the future holds both for solicitors and their clients.

As I am chairing the debate, I have been reflecting on some of the big issues that are likely to come up.

From the point of view of consumers (and that includes me), one of the biggest is likely to be just how is the new complaints landscape shaping up?

Following widespread and ultimately insurmountable public cynicism about the Law Society’s ability to carry out impartial investigations into complaints about its own members, the new Scottish Legal Complaints Commission opened for business just over a month ago.

Commission chair Jane Irvine will be on hand to give a progress report on how the complaints gateway has fared during its first weeks in operation and to answer queries as to what the new rules and regulations will mean in practice for lawyers and consumers.

Joining her on the panel will be Ian Smart, vice-president of the Law Society, who will be able to give his perspective as a practising solicitor – and may want to take the opportunity to point out that there has been a downward trend in complaints in recent years.

Nevertheless, the audience might well want to know what the society is doing to drive up standards in the profession – a project that is due to come to fruition next year – and to prevent service complaints from cropping up in the first place.

With the recession kicking in, law firms have their part to play in growing Scotland’s economy, so perhaps the most pressing issue that the Law Society and firms now want some clarity about is what the advent of alternative business structures will mean for the future.

Following last year’s Which? supercomplaint to the Office of Fair Trading, solicitors are now awaiting the Scottish Government’s proposals for ABS, which could allow non-lawyers to be partners or investors in firms.

Panel member Martyn Evans, director of Consumer Focus Scotland, will be well-placed to set out the arguments in favour of deregulation to increase choice and drive down prices for clients.

Morton Fraser chief executive and CBI Scotland vice-chair Linda Urquhart will bring her unique perspective on ABS and other issues to the panel. Just what does the Scottish Government need to do in order to support firms competing in the UK and around the world?

Solicitor advocate John Scott, a partner with Capital Defence and a high-profile campaigner on human rights, will doubtless have much to say on the potential impact of ABS on access to justice. Legal aid funding, and the impact of recent changes to summary legal aid are also likely to be high up on his agenda.

Amid all the economic doom and gloom, there is also the question of who will provide legal services in the future – is the profession doing enough to nurture talent, or has the LLB been devalued by the increase in students graduating from Scottish law schools?

Will the Law Society’s proposals to shake-up education and training really serve to improve the diversity of the profession? And, crucially for recent diploma graduates, will a more robust traineeship only make it less attractive for firms to take on aspiring solicitors?

While tonight’s event is designed to shine a bright light on what could and should be improved in the Scottish legal profession, it should not be forgotten that there is also much to celebrate.

The debate marks the official launch of the 2009 Legal Awards to be held in Edinburgh next March. Entries are open now – who would you nominate?

&#149 The Scotsman Live Legal Debate gets underway at 6:30pm. The debate is scheduled to start at 7pm and conclude by 8:30pm. To register a question for the panel, please e-mail scotsman [e-mail]

&#149 More information about the 2009 Legal Awards is available at: www.the legalawards.com