Concerns raised over 'Tesco law'

Published on Tuesday 8 December 2009 21:44

THERE is little evidence that turning legal services over to banks or supermarkets will improve access to justice in Scotland, a senior legal academic has warned.

The introduction of "Tesco law" might also lead to the closure of some rural firms as bigger players muscle in on the provision of legal services, Professor Alan Paterson, of Strathclyde University, told the Scottish Parliament's justice committee.

In the first oral evidence session on the proposed Legal Services Bill that would see non-lawyers permitted to own law firms, Prof Paterson said that no-one knew what the impact would be of banks or supermarkets delivering legal services.

"We have relatively little research evidence on what will happen," he said.

"One of the arguments is … the supermarkets will go to the areas of legal practice they can make significant profits from, but might not be so attracted to deliver the areas where there is less money to be made.

"My concern … is that I don't see they will think there is enough financial incentives, certainly in the rural areas, to provide legal aid.

"I think that might lead high street firms to go under or, more likely, high street law firms not to do work that they regard as non-remunerative."

Earlier in the session, the Office of Fair Trading and consumer champion Which? called for the Faculty of Advocates to be included in the modernisation, insisting that consumers should be able to approach an advocate directly, rather than through a lawyer.

But Richard Keen, QC, the dean of the Faculty, told the Holyrood committee that general public access could not work because advocates are not "equipped" to take statements and liaise with police. "We simply cannot function in that way," he said.