Referendum gives solicitors chance to split up Law Society

Published on Wednesday 10 March 2010 21:58

THE Law Society of Scotland could be stripped of its historic role as the representative body for solicitors after a growing rebellion of members forced a referendum on its future.

All 10,500 lawyers in Scotland will now be asked whether the body should continue to represent their interests after 50 solicitors signed a formal "requisition" that compels a vote to be held.

The move comes amid increasing resentment among the legal profession about the Law Society's handling of the move towards alternative business structures (ABS) that will permit non-lawyers to own law firms.

On Monday, the Society announced it was to hold a profession-wide referendum on its policy on ABS after some members claimed the measures, to be implemented by the Scottish Government's Legal Services Bill, will erode solicitors' independence.

The latest referendum, which the Law Society insists will be held after the first,

has been called by the Glasgow Bar Association, MacRoberts and Govan Law Centre.

They insist the Society's "dual" function, which sees it also act as the statutory regulator for lawyers, cannot continue and the roles should be split, as they have been in England and Wales.

The President of the Glasgow Bar Association, John McGovern, said: "It is vital there is a referendum to allow the profession to decide whether, given the threat to our independence from government that the bill poses, it still thinks the Law Society should continue to represent, as well as regulate the profession".

If the Law Society's representative function was removed, one or more of the independent legal societies in Scotland could take over the role, either on its own, or as part of a council of bodies, already mooted by the chief executive of the WS Society, Robert Pirrie.

He said: "(Our] position is neutrality on ABS but, on the Law Society's role, I and others feel the bill raises serious questions as to whether its role as regulator is compatible with the independent representation of solicitors.

"That is why I support giving Scotland's solicitors the chance to decide what is best."

Ian Smart, the president of the Law Society, denied the bill would erode solicitors' independence and indicated that, before any referendum was held, he would seek to clarify the extent of the "representation" at issue.

He said: "To split a professional body runs the risk of a split profession which in Scotland has historically been known for its collegiate approach.

"The UK Government split regulation and representation of solicitors in England and Wales. This has been an unpopular move.

"It is a credit to the Society's representations to the Scottish Government that our proposal to design a Scottish solution for the legal profession has met with agreement."