Rebel lawyers aim to leave Law Society in row over legal aid rule

Published on Sunday 13 March 2011 18:35

A GROUP of more than 150 lawyers in Glasgow have declared they have no confidence in the Law Society of Scotland and demanded permission to form a separate representative body.

In an unprecedented move the group have written to The Scotsman claiming the Law Society has failed to represent its members interests properly.

All lawyers in Scotland - more than 10,000 - are currently obliged to belong to the Law Society.

But the rebel group of Glasgow-based lawyers are unhappy over plans to cut legal aid which are due to be discussed by Holyrood's justice committee this week.

The 165 rebels allege the Law Society of Scotland did not properly consult them when negotiating changes to the legal aid system and came up with a solution "contrary to members' interests; lacking in commercial sense and equity; and which discriminates against those who practise in the Glasgow courts."

Their main complaint is over the loss of legal aid for stipendiary courts. Scotland's only such court is in Glasgow.

The letter warns the changes are likely to see a massive increase in human rights cases "as a result of their adverse impact on access to justice, were negotiated without full consultation."

The authors add: "It beggars belief that a representative body would act in this manner, especially when that body is governed by lawyers."

They also allege that the Law Society is too close to the Scottish Legal Aid Board and had a secret agreement to avoid criticising it "even where the interests of its members demand such an approach."

The letter goes on: "This situation is exacerbated by the undemocratic structures of the Society, which operate to suppress any dissent or criticism of its role."

The signatories said the problems mean they should be allowed to form a new body.?

A spokeswoman for the Law Society of Scotland said: "We are always keen to listen to the views of our members and consider ways in which we can better represent their interests.

"However on the principle of the Society's dual role, the collective view of our members could hardly be clearer.

"Over 70 per cent of solicitors voting in a referendum last year supported the Society in both representing and regulating the profession.

"As a membership organisation, we must respect that democratically expressed view of members from across Scotland."

She added: "It was clear that the original plan to save 4.5 million through a significant expansion of the Public Defenders Solicitors' Office was unacceptable to the vast majority of solicitors.

Oliver Adair, the Society's Convener of Legal Aid, said: "The initial proposal to expand the PDSO would have meant opening several new offices and appointing 40 more PDSO solicitors at a time when public funding is being cut and jobs are being lost. This would clearly be unacceptable."